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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant knew of the fact that the victim B made a 2-300 million won stock investment from around 201, the Defendant knew of the victim B’s KRW 2-300 million stock investment, and, at the present time, notified the victim of several items related to the stock investment to the effect that “it is no reason for the Defendant to be in charge of the company, since he had the securities company at home and did more profit than 100 million won annual salary at the securities company.” As a result, the victim came to fully trust the Defendant.
Around January 2012, the Defendant made a false statement to the effect that “If a stock transaction is made through a securities company, a fee shall be paid by 0.18%” to the victim, the Defendant would be granted a profit of 10% per annum higher than the bank’s capital. At the same time, the Defendant would make a transaction more than one billion won per day. If the amount is deducted from the money, the amount of money will be deducted at any time at any time.”
However, the Defendant had no record of working in a securities company. At the time, cumulative trading loss was 247,309,532 won, and the monthly rate of return was 70.43% in October 201, 52.61% in Maspris and 56.89% in Maspris on November 201, 201, and Maspris 56.89% in Maspris on December 201, so there was no intention or ability to return the principal even if he received an investment from the victim.
Around January 17, 2012, the Defendant: (a) by deceiving the victim as such; (b) from the victim, one hundred and thirty million won to the account under the name of the Defendant as a stock investment deposit; and (c) one hundred and thirty million won to the same account around the 26th day of the same month; and
2.15.Around 15.20 million won for the same account, and for the same year.
3. Around 24.24.2 billion won was transferred, and a total of 3.8 million won was acquired by defraudation.
Summary of Evidence
1. The defendant's partial statement in the third protocol of trial;
1. Statements made by witnesses B in the second protocol of the trial;
1. Part of the Defendant respectively;