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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 705"
1. The Defendant and E, as to the victim D, continued to make a stock investment since early 2010, may take the advertisement log to the effect that “it is possible to make high profit” around January 2012, and find the Defendant and E’s office in Suwon-si F (No. 402 and 403) in Suwon-gu, Suwon-si, Suwon-si, the Defendant and E (No. 403) as the victim D with a share investment expert, while working for the victim D with “the share investment program developed by us,” without clarifying the profits of 3 percent per month.
At the face of a share investment, 1.5 percent of the profits earned each month by making a share investment with the said money shall be paid without a mold, and if principal loss is incurred, it shall be appropriated and guaranteed by making it available.
The term “the opening of a securities account in the key securities and the transfer of a certified certificate, etc.” was false.
However, even if the defendant and E receive money from the injured party for the purpose of stock investment, since the investment of stocks is financial investment instruments whose principal is not guaranteed, and there is a possibility of profit occurrence and loss, it is not possible to make a fixed payment of the profits equivalent to 1.5 percent of the principal of the investment every month in relation to the investment funds. At the time, the defendant and E did not have any particular property, and in particular, the defendant A did not have any intention or ability to immediately make up for the loss of principal if it is due to bad credit standing.
In addition, even though there was a loss as a result of stock investment, it was shown that D Investor continued to collect the investment money in a way that would have accrued as if it had accrued a profit by making a deposit of money in the name of the revenue, and in such a way, it was eventually impossible to pay the funds to the victim.
Nevertheless, the Defendant and E, as above, deceiving the victim, and they are at the time of the damage.