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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although the Defendant did not acquire any qualification or career related to stock investment, the Defendant continued to make an investment in dangerous manner, such as futures and options trading, by attracting money to others who know of such fact as if they were experts in stock investment.
1. On March 15, 2017, the Defendant made a false statement to the victim E, who became aware of D’s introduction, to the effect that “I would make an investment of 20,000 won per share with stock futures and options investment funds, by guaranteeing the principal and paying the profits of 3% per month (200,000 won per month and KRW 60,000 won per month) against the investment funds.”
However, in fact, the Defendant did not have an expert on stock investment, but did not have a certain amount of income or property in the state where losses from stock investment have been continuously accumulated since then, even if he received money from the injured party under the name of stock investment, he did not have an ability to make profits by guaranteeing the principal by operating it, and there was no intention or ability to return the principal to the injured party when he suffered losses from stock investment.
Nevertheless, the Defendant, as seen above, received from the victim by deceiving the victim and then deceiving the victim to the F account (G) in the name of the Defendant on March 19, 2017, and thereafter, from around that time, the Defendant got transferred KRW 20 million to the F account (G) in its name.
8. By the end of 28.28, a total of KRW 70,000,000 was remitted on five occasions, such as the one copy of the annexed crime list 1.
2. On July 1, 2017, the Defendant was the victim H who became aware of the introduction of the foregoing E at the same place as the foregoing paragraph 1, and was a stock investment specialist who is engaged in the business related to the investment of stocks in B/C and C/ C/C.