A defendant shall be punished by imprisonment for one year.

Punishment of the crime

At the end of January 2017, the Defendant, at C office located in Fagpo City B, made a false statement to the effect that “The Defendant purchased foreign currency when calculating the exchange marginal profit and the foreign currency price is lowered, and developed an automatic program selling foreign currency when the price increases again, the Defendant may not incur almost any loss of principal and receive dividends in a stable manner, unlike the existing automatic foreign currency sales program. When investing in a futures company using the foreign currency automatic sales program, the Defendant made a false statement to the effect that “The Defendant would have made an investment in the futures company that would reduce the monthly amount of profit equivalent to 10% of its investments.”

However, the defendant did not have developed automatic sales programs for calculating exchange marginal profits, and even if he received money in the name of investment funds from the victim, he did not have the intent or ability to distribute profits by investing in futures companies that pay profits using the above programs.

The Defendant received from the victim each transfer of KRW 12 million to the F Korean bank account (G) in the name of the Defendant, KRW 12 million around February 1, 2017, KRW 12 million around February 22, 2017, KRW 183,900,000 around April 17, 2017, to the new bank account (E) in the name of the Defendant.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. Statements made by witnesses D and H in the second trial records;

1. Statement made by a witness I in the third protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. The details of remittances to the criminal suspect, the statement on the results of transfer, the details of deposits from the criminal suspect, and the details of passbook transactions;

1. Details of transactions in new banks, provision of financial transaction information, business registration certificates, and details of transactions in Korean banks, agricultural cooperatives;

1. An investigation report (F corporation account founder) was filed by the Defendant, by seeking exchange investment programs from the victim, attempted the victim to make exchange investments on his/her own, but there was no deception from the victim.