beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On January 12, 2012, the defrauded concluded that “The 15th day of each month, if the Defendant invests in money in the Ctel 103 Do Officetel 1402, the Defendant would pay 10% of the investment amount of the 15th day of each month, and 10% of the investment amount at the last day of each month, until the principal is recovered, and the Defendant would pay 10% of the investment amount of the investors who received the introduction at the last day of each month and at the last day of each month in the case of introducing other persons.”
However, the Defendant did not have any special technology for making 100% of the investment in futures, and it is inevitable to take the method of paying profits to the existing investors in order with the investment funds attracting from subordinated investors due to the absence of any other property other than the instant futures investment. Accordingly, as long as a new investor is not induced, the Defendant did not have any intent or ability to pay profits exceeding the principal amount of the investment even if the Defendant received the investment funds from the victim, such as the likelihood of being unable to pay or redeem the profits exceeding the principal amount,
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account of community credit cooperatives (E) in the name of the Defendant on January 12, 2012 as investment funds in futures trading, and acquired KRW 385,400,000 in total from August 24, 201 to April 4, 2012, as shown in the attached list of crimes.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report under other Acts and subordinate statutes, shall receive contributions from many and unspecified persons under an agreement to pay the total amount of future contributions or an amount in excess thereof;
Nevertheless, in the same manner as stated in paragraph (1), the Defendant shall have three million won for the purpose of investing in futures trading from victim D in the date and place mentioned in paragraph (1).