A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, while serving in the Investment Contents Department of B Company from November 2015 to May 2019, was a person working as an investment specialist on the Internet homepage called “C”, and the victim D, around April 2017, reported the broadcast related to the Defendant’s recommendation of overseas derivatives investment to the Defendant and became aware of the Defendant.

1. From June 26, 2017 to May 30, 2018, the Defendant, in contact with the victim through a cell phone at an unspecified place on May 2017, the Defendant stated to the effect that “When receiving the entrustment of investment, the Defendant will bring the victim a profit of 3-7% per month from investing in overseas derivatives and creating a flexible income. The principal is guaranteed, but it is possible to return the entrustment of investment immediately at the middle and lower end.”

However, in fact, the Defendant received money from the victim and invested in derivatives with high risk of loss of principal, and some of them planned to return the invested principal of the existing investor or use it as living expenses, and in so-called return of the invested principal and profits by attracting investment funds from many investors, so it is not possible for the victim to return the investment principal and profits at the time of his/her early unloading. The Defendant did not have any intent or ability to pay the principal and interest, which has been continuously paid or promised to pay the investment principal to the victim.

Nevertheless, the Defendant did not notify the victim of the use of investment funds and the possibility of incurring principal loss, and deceiving the victim as if the principal of the investment would be guaranteed, and it received KRW 20 million from the victim to the E Bank (F) account under the name of the Defendant on June 26, 2017. The Defendant received KRW 20 million under the name of the Defendant’s E Bank (F) account on April 26, 2018, and the same year.

5. 30.30. It has been granted KRW 20 million in total, and KRW 60 million in the same name.

2. On October 29, 2018, the Defendant shall make an investment from the victim, as described in the preceding paragraph.