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A defendant shall be punished by imprisonment for nine months.
Reasons
Punishment of the crime
The Defendant, as a vice career of E (F) a quasi-investment advisory company operated by D (D) in Gangnam-gu Seoul Metropolitan Government, 508, managed “G” as a DNA.
1. On September 2012, the Defendant sent an Internet page stating that “When members receive money in the amount of KRW 2 million, the Defendant would purchase shares with such money and jointly conduct research, and disclose the details of the investment techniques so that all members would be able to learn the investment techniques, and sell the proceeds every three months and accumulate the proceeds in the principal amount.”
However, there was no intention to purchase the actual shares even if the victims received the money from the victims as investment funds.
As such, the Defendant, by deceiving the victims, received KRW 12 million from the victim K to the E-registered foreign exchange bank account (N) on September 13, 2012; on September 14, 2012 from the victim H; on September 14, 2012 from the victim M; on October 15, 2012 from the victim I; on October 16, 2012 from the victim J; on October 16, 2012 from the victim J; and on October 16, 2012 from the victim L, acquired KRW 2 million in total from the victim L to the E-registered foreign exchange bank account.
2. On February 13, 2013, at the above E office, the Defendant sent to the victim M an Internet page stating that “If a party purchases new shares and liquidates the category of shares in loss to pay the said money, it will cause losses to the management of the shares. The Defendant will guarantee the principal and pay 25% profits on the two following months.”
However, there was no intention to purchase the actual shares even if the victim received the investment money from the victim.
As such, the Defendant, by deceiving the victim as such, obtained KRW 10 million from the victim on February 14, 2013, KRW 20 million on February 27, 2013, KRW 10 million on March 8, 2013, KRW 120 million on March 12, 2013, KRW 10 million on March 19, 2013, KRW 10 million on March 19, 2013, and KRW 10 million on April 10, 2013 from the victim to the said E Exchange Bank account.