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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
At around December 30, 2016, the Defendant, through B, made a false statement as to whether the principal will be guaranteed regardless of the occurrence of profits, the Defendant paid the victim C with the goods invested in futures options, and made an investment for one year, and the principal will be returned upon the maturity of one year.
However, in fact, the defendant was using the investment money for the purpose of returning the investment money to other investors in the way of receiving the investment money from the victim, and the defendant had the intention to use it as personal living expenses.
In addition, the Defendant prepared a contract with the victim as he/she would manage the direct investment money, but had the intent to have the remainder of the investment money D manage it. The investment contract entered into with D was a contract with which principal is not guaranteed, and the Defendant, who does not own any property, has no intention or ability to guarantee the principal for the victim, because he/she was fully dependent on whether or not there was any profit or loss of the investment.
The Defendant, as seen above, by deceiving the victim through B, and then deceiving the victim from the victim on or around December 30, 2016, received a remittance of KRW 60 million as an investment deposit, and acquired the victim by transfer of KRW 125 million in total as an investment deposit from three victims from around that time to March 30, 2017 by the same method, such as the list of crimes in the attached Form.
Summary of Evidence
1. Defendant’s legal statement
1. Each written statement C, E, and B;
1. Application of Acts and subordinate statutes on each investment contract;
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the selection of the punishment for the crime ( spite of partial deposit circumstances, choice of imprisonment in consideration of the scale of damage);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;