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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
On October 1, 2013, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud, etc. in the Suwon District Court’s Ansan Branch on February 17, 2014, and the said judgment became final and conclusive.
"2013 Highest 7240"
1. On February 16, 2011, the Defendant concluded that, in collusion with C, the “E” office operated with the above C in Eunpyeong-gu Seoul Metropolitan Government, reported investment attraction advertisements posted on the daily living information log, and false statement to the victim F, who was found to have been operating a futures option, would pay daily profits, and if an investment of KRW 3 million is invested, 50,000 won will be paid daily profits.”
However, in fact, there was no intention or ability to guarantee the continuation of the agreement to make an investment in the futures option by making an investment in the futures option and distribute profits therefrom, not by making a profit distribution, but by making an investment from a new investment as a profit to the existing investors. Therefore, there was no intention or ability to guarantee the continuation of the agreement to make an investment in the futures option by making an investment from the victim.
As such, the Defendant, by deceiving the victim, received KRW 500,000 from the victim for the same day as investment money, and acquired 86,877,00 won in total over 25 times from December 29, 201 to November 28, 201 in the same manner, as shown in attached Table (1) through (5), including the transfer of KRW 500,00 from the victim for the same day.
2. No person shall engage in the act of fund-raising business without obtaining any authorization or permission, or making any registration or report under other Acts and subordinate statutes for an unspecified person without making an agreement to pay the total amount of investments or an amount in excess thereof in the future.
Nevertheless, in collusion with the above C, the Defendant received an investment of 8,6870,000 won in total over 25 times as stated in the preceding paragraph for business purposes.