A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case, each fraud against victim V is punished.

Punishment of the crime

1. On March 11, 201, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of fraud, concluded on March 11, 201, that “In the office of Bupyeong-gu Incheon, Bupyeong-gu B building 9 floors, the Defendant, and the victim’s (State) office, “I would make a stock investment if I would make a profit while making a stock investment, and would make a full guarantee of principal and raise a profit of 10% per month.”

However, the Defendant reported losses while investing in stocks at the time, and did not have expert knowledge of stocks. The Defendant recommended investors to make an investment without examining whether to guarantee the principal of the investment, the possibility of loss, the return rate, etc., and accordingly, the victims did not have any intent or ability to pay the profits of the agreed rate or guarantee the principal. The Defendant was able to use the so-called “return” that the victims paid the profits to other victims with the investment funds received from the victims for the purpose of personal use, such as the Defendant’s living cost, game items purchase cost, etc.

Nevertheless, the Defendant received 3 million won from the victim R to the F bank account in the name of the Defendant from August 21, 2017, and received 7,121,100,000 won in total from 25 victims to 320 times as stated in the attached Table Nos. 1 through 298, 300, 302 through 322, including the transfer of 3 million won from the victim R to the F bank account in the name of the Defendant, and received 7,121,10,000 won in total from 26 victims to 322 times as stated in the attached Table Nos. 191,10,000 won in total as investment or loan, but the portion of each fraudulent act with respect to victim V in the above facts charged was exempted from the punishment, and thus excluded from the facts charged.

The defrauded obtained it.

2. Any person who violates the Act on the Regulation of Similar Receiving Acts and subordinate statutes shall be either authorized or permitted, or registered or reported under other Acts and subordinate statutes;