A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Punishment of the crime

[2] On February 2, 2005, the Defendant was released on April 30, 2010 and the parole period was expired on May 28, 2010 while he was sentenced to six years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Seoul High Court on February 2, 2005. On April 4, 2013, the Seoul High Court sentenced the Defendant to five years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 13, 2013.

[Criminal facts]

1. On December 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall guarantee the victim C the benefit of 22-23% a month to make an investment because he/she has made an investment because he/she had a strong profit by trading futures options in the world near Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu.

“A false representation was made.”

However, in fact, even though the Defendant received investment from the surrounding people in 1999 and traded futures options, it was causing damage to investors because it did not make profits or make profits, and even if he received investment from the damaged party, some of them thought to be used for the payment of profits to other investors, so there was no intention or ability to guarantee the interest of the victim by raising many profits through futures option transactions.

Around January 7, 2011, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, to the account (E) in the name of the Defendant’s wife, from the victim, and received KRW 1,00,000,000 from the victim to October 13, 201, and received the remittance of KRW 1,867,50,000 through 60 times, as shown in the attached list of crimes, from October 13, 2011.

2. Around August 8, 2011, the Defendant forged private documents without authority for the purpose of using a computer at the Defendant’s home located in Gangdong-gu Seoul Metropolitan Government’s apartment site to access to the treatment-based home trading system, and without authority, downloading the status table of customer assets on the above D’s account (E) in a computer.