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(영문) 수원지방법원 안산지원 2016.01.20 2014고단1409

사기

Text

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

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

Reasons

Punishment of the crime

around December 2010, the Defendant is a safe investment with no risk that there is an “F/X” investment in the victim E at the branch office of JAB Co., Ltd. (PB) that is an asset management company in Gangnam-gu Seoul, Seoul.

If you make an investment in the K company, the M company run by L returns profits by making E-EX investments, not only the amount of variable insurance which is currently making an investment, but also profits higher than futures and options, and the total amount of principal is guaranteed.

B. In addition, it made a false statement that 3 billion won was invested, and thus, it was believed that 3 billion won was invested.

However, the facts are that the Defendant did not specifically know the method of K or M trading and investment risk, and that the Defendant did not have invested in the company, and that the Defendant did not have any intent or ability to pay the principal or the profit even if he received money from the damaged party, since it is practically impossible to guarantee the principal because there is a high risk among the investment products as gift and options trading for foreign exchange.

The Defendant asserts to the effect that the money is not included in the amount of fraud of this case because it is the operating expenses of the system for the E-EX investment of this case on or around March 23, 2011, the damage amount of KRW 46 million around January 4, 201, KRW 138 million around February 24, 2011, KRW 46.4 million around March 23, 201, KRW 90,000 around March 23, 2011, and the Defendant and the defense counsel at around March 23, 2011. However, the above money is also included in the amount of fraud of this case, as long as the damage amount was remitted by the Defendant’s deception.

On April 28, 2011, a total of KRW 340 million, including KRW 198 million around April 28, 201, was remitted to the Korean bank account (N) in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, andO;

1. Each prosecutor's office against the defendant;