Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[2017 order 2558, hereinafter “258”)

1. The Defendant involved in the fraud of futures option: (a) opened a car page called “C” on the Internet portal website; and (b) purchased a system of automatic futures trading (system automatic trading order service) that it developed against many and unspecified persons, which would result in high profits by trading futures options.

On May 26, 2009, the victim E (hereinafter referred to as “E”) recruited the water investors, and entered into a contract to use the automatic order service with the Defendant on the condition that the victim E would pay the service fee of KRW 1 million.

On August 12, 2009, the Defendant would make a gift transaction through a system set of futures options program by creating 300 million won to a small number of persons, including party letters, and distribute profits therefrom to the parties with 7:3 (Investment 7 and Defendant 3).

If profits do not accrue, 8% interest per annum shall be paid to the party and the principal shall be guaranteed.

“The phrase was made.”

However, in fact, the above program created by the Defendant was not verified to the extent that it can be able to profit by investing in the futures option transaction in a way corresponding to the various intangible variables on the terms and conditions of purchase or sale in the futures option transaction, and thus, it was uncertain whether it is able to profit from the futures option transaction. In addition, the Defendant had already been invested KRW 90 million in the same way from a third party (F) to a third party, and the Defendant had already suffered losses of KRW 60 million, and there was no other means than receiving money from many and unspecified persons, so even if receiving money from the victim E, there was no intention or ability to make profits through futures investment or to guarantee the principal and interest.

Nevertheless, the Defendant, as such, deceiving the victim E, and on the same day, bank under the name of the Defendant.