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(영문) 수원지방법원 2018.09.07 2017고단5455

사기

Text

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

Reasons

Punishment of the crime

"2017 Highest 5455"

1. On December 6, 2015, the Defendant stated that “The Defendant, before the Defendant’s house located in the Seocho-si Apartment-si Apartment-si apartment B apartment unit C located in the Seocho-si Apartment-si apartment unit B, he/she purchased and sold the converted bonds of the E company at a low price, he/she may receive the profits immediately if he/she purchased and sold them at a low price, and the principal may be guaranteed to the Defendant’s house.”

However, the defendant did not intend to purchase the converted bonds of E even if he received the investment from the injured party, and thought that he would use the investment funds as the personal business fund of the defendant, so even if he received the investment funds from the injured party, he did not have the intent or ability to pay the profits to the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; and (c) by deceiving the victim from the victim, 5 million won to the G bank account in the name of F Co., Ltd. on December 3, 2015; and (d) five million won to the same account on December 6, 2015; and (c) by deceiving the victim, each of the total sum of KRW 10 million.

2. On January 21, 2016, at the same place as around January 1, 2016, the Defendant: (a) stated, “The Defendant: (b) made an investment in E-UB bonds; and (c) paid 25,700,000 won; and (d) paid 9% tax in advance to receive revenues.”

However, the defendant did not have any intention or ability to pay profits to the victim even if he received money from the injured party because he purchased convertible bonds E or received 25,700,000 won profits.

On January 21, 2016, the Defendant deceivings the victim as above and acquired 2,313,000 won from the victim to the G bank account in the name of F Co., Ltd. for tax purposes.

3. On February 29, 2016, the Defendant, at the same place as around February 1, 2016, issued a surety insurance policy to the victim D, “In order to receive a profit due to an investment made in the name of F, the Defendant would issue the surety insurance policy.”