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(영문) 서울남부지방법원 2019.02.28 2018고단6843

사기

Text

A defendant shall be punished by imprisonment for one year.

Defendant 44 million won and 34 million won to the EA applicant for compensation.

Reasons

Punishment of the crime

In around 2015, the Defendant, while working as an IG insurance solicitor, was receiving the PT course of the PT course of the PT course in the PT course working for the victim CR and caused mutual ties, was willing to acquire money under the pretext of investment by deceiving the victim CR by stipulating a period of one year or two years by investing money in the private investment fund, such as the I who conducts film and music record business, foreign exchange transactions, and over-the-counter stock transactions business, and the KAB, etc. to pay interest from 10% to 12% to the investment principal every year or every month.”

On June 2015, the Defendant made a false statement to the victim CR stating, “When investing money in a specialized investment company that conducts foreign exchange transactions and over-the-counter stock transactions, it is possible to obtain high profits. It shall guarantee the investment principal and pay interest at 12% per annum compared to the investment principal.”

However, the fact that the defendant invested in another investment company at the time does not have any option to guarantee the principal amount, there was a high risk of having no safety device, and it is inevitable to take the method of paying the principal, profits, and various allowances to the existing investors in order using the investment funds attracting from subordinated investors, and eventually, the structure of not paying the agreed high-rate profits and allowances as long as the new investors are not induced. Therefore, there was no intention or ability to pay the agreed principal, profits, and allowances to the victim CR.

The Defendant, as above, deceiving the victim CR and then deceiving it from the victim CR on June 24, 2015, received 6 million won from the L Bank Account (Account Number P) under the name of the Defendant as the investment deposit, and thereafter, transferred 6 million won from May 24, 2017 to May 24, 2017.