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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2013 Highest 4484] The Defendant, at ordinary times, experienced the victim C in his/her service at a securities-invested institution and worked as a fund manager, an investment expert in futures option.
On November 9, 2012, the Defendant made a false statement to the victim that “When investing KRW 50 million in the victim’s operation E, KRW 20 million shall be invested for a period of one year to raise the high income of KRW 20 million, and KRW 30 million shall be paid in 300,000 per day by making a short-term investment and paying KRW 300,000 per day to the victim.” If the Defendant wishes to become a father, the Defendant made a false statement to the effect that “I believe that I will make an investment.”
In fact, the Defendant is not a fund manager, which is a futures option investment expert, and even if he received an investment for futures investment from the victim, there was no actual intent to make an investment in futures, and even if he made an investment in futures, he did not have the intent or ability to guarantee the principal of the investment and profits promised to the victim
Around November 12, 2012, the Defendant received 50,000,000 won from the victim to the virtual account (F) opened in his own name at the winter-dong branch of the Seo-gu Daejeon National Bank from the victim, Seo-gu, Seo-gu, Daejeon, and received 164,000,000 won in total over 17 times from February 12, 2013, as shown in attached Table 1, from then on February 12, 2013.
[2014 Highest 2566] On July 13, 2010, the Defendant received a total of KRW 306,900,000 from the victim G with the purport that “personally investing in futures options, making profits of at least 30% per annum, and giving profits of at least 6% per month prior to the receipt of money,” while receiving a remittance of KRW 35,000 from the victim by October 24, 2013, as shown in the attached Table 2 of the Crimes List.
At the time, the Defendant committed a high risk of investment in futures options.