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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
around May 2012, the Defendant stated that “A victim E (the 58 years of age) is the head of the securities company working at the F salary-dong branch, who is the head of the securities company working at the F salary-dong branch. When investing money, the Defendant shall guarantee the principal and shall also guarantee the profit of KRW 100-2 million per month.”
However, the defendant was not an employee of a securities company, and there was a history of deceiving many persons by deceiving them under a similar method in the past, and there was no intention or ability to guarantee profits by investing in stocks even though he was given money from the victim as if he was promised by the victim.
As above, the Defendant, by deceiving the victim, and deceiving him/her from the victim, to KRW 8 million on June 27, 2012, and the same year.
7. 17.6.4 million won, and the same year.
8. A total of KRW 15.8 million, including KRW 1.4 million, was remitted to the Defendant’s mother as a passbook in the name of G.
around September 2007, the Defendant told the victim I residing in the H apartment 102 Dong 507, Busan-si, Busan-si around 201, that “Around September 2007, the Defendant would give B an investment to B two times the investment money within three months.”
However, the Defendant had already received investment money from another victim from January 2006 to March 20 of the same year, and incurred a big loss while investing in futures and options, and did not have any profit therefrom. Rather, on September 2007, the Defendant was under trial on fraud due to the fact that “the Defendant acquired money equivalent to KRW 40 million from another victim as a gift and option investment” was under the circumstances that “the Defendant acquired money from another victim as a gift and option investment,” and thus, there was no intent or ability to make profits from the investment money of the victim even if it made an investment in futures option.
Nevertheless, the Defendant, as above, committed a total of KRW 16 million from the victim on September 14, 2007, KRW 3 million on October 15 of the same year, KRW 2 million on October 30 of the same year, KRW 5 million on September 9 of the same year, and KRW 16 million on November 26 of the same year, respectively.