A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

"2016 Highest 705"

1. The Defendant and F, as to the victim E, continued to make an investment in shares since the early 2010 when the Defendant and F, on January 2012, 201, reported the advertisement log to the effect that “it is possible to increase the profits of the Defendant and F,” the Defendant and F, on the fourth 402 and 403 level, may bring 3% of the profits of each month out of the stock investment program developed by us, to the victim E, who had found the “H” office operated by the Defendant and F, as a securities investment specialist.

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 F receive money from the injured party as a share investment deposit, since stock investment is a financial investment instrument 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 for the investment deposit. At the time, the defendant and F did not have any particular property, and in particular, the F did not have any intention or ability to make up for the loss of principal immediately if the principal is due to bad credit standing.

In addition, even though there was a loss as a result of stock investment, it was shown that the E Investor continued to collect the investment money in a way that would have accrued as if it had accrued a profit by depositing the money in the name of the revenue, and in such a way, it was impossible to pay the funds to the victim.

Nevertheless, the defendant and F deceiving the victim as above, and they are under the name of the victim around that time.