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Defendant
A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for four months.
However, as to Defendant B and C, respectively.
Reasons
Punishment of the crime
[2017 Highest 3885 : Defendant A/B had an office in Gangnam-gu Seoul Metropolitan Government 1709, and the investors found in the above office are engaged in a business of investment in stocks by collecting investment money from investors. Defendant B is a person who recommended other investors after investing in Defendant A and received recommendation allowances from Defendant A.
1. The sole criminal conduct of Defendant A;
A. On November 20, 2016, the defrauded H, who was found at the above office around November 20, 2016, is a victim H, “one person within the Republic of Korea who graduated from the Seoul National University, and has a large certificate of qualification, and make every day profits through stock futures and options investment by using the artificial intelligence Alpha program developed by the internal government. The principal will be returned after one year, and 30% of the investment profits will be paid every day.
“A false statement was made to the effect that it was “.”
However, the Defendant did not have graduated from the Seoul University and did not have developed the artificial intelligence Alpha program, and if the Defendant’s investment futures and options are predicted to estimate the price at the time of the future, a large amount of profit may be earned. However, a large amount of damage may occur. Therefore, even if the Defendant received an investment from the victim H, it is not a stock product that can guarantee the principal of the investment or pay a daily profit, and thus, the Defendant has no intention or ability to pay the profit.
Nevertheless, the Defendant, as seen above, received KRW 5 million from the victim H to one financial investment account (I) under the name of the Defendant on November 24, 2016 for the purpose of investment deposit, as well as guaranteed the principal from November 15, 2016 to February 9, 2017, and paid either 20% of the investment profits or 3% to 30% of the principal and 5% of the amount of principal every day (excluding the weekend) or 5% of the principal and interest every month.