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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some amendments were made according to facts obtained through the examination of evidence.
Since 2006, the Defendant has been working as the team leader of the agency E, Inc., Ltd., and has treated variable insurance products with the nature of the share price index linked fund.
The amount-variable insurance handled by the defendant has advantages that minimize investment losses and maximizes investment returns by receiving loans from the premium paid due to the increase and decrease of the stock price or repaying loans.
The Defendant, on the ground of the above investment stability and high profitability between 2-3% per month as seen above, attracted investors, and paid the principal and profits from an amount-variable insurance product purchased under the name of the Defendant or the Defendant at any time after investing, operating, and making an investment in the amount-variable insurance product under the name of the Defendant or the Defendant. A victim F also began to make an investment of KRW 450 million around April 2009, and even around May 2010, the total amount of the principal and profits from the investment was KRW 730 million.
Meanwhile, around July 2009, the Defendant heard from H that he works as an executive officer of G Co., Ltd. (hereinafter “G”), and without examining investment prospects and risks, invested KRW 50 million in H, among the investment funds managed by the Defendant, without confirming the investment prospects and risks. However, until April 2010, the Defendant did not recover KRW 200 million out of the investment funds.
Since then, around April 2010, the Defendant listened to the statement that the Defendant may earn a large amount of profit from investing in the acquisition cost of the Hague FF Korea Co., Ltd. (hereinafter “HP Korea”), which is a company listed on KOSDAQ from H, and confirmed the financial structure or business performance of the HP Korea.