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(영문) 서울중앙지방법원 2017.12.15 2017고합929

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, around August 11, 2014, at the office of the Defendant’s management Co., Ltd. (hereinafter “victim”) located in Seocho-gu Seoul Metropolitan Government Dtel 1107, suffered no absolute loss when trading futures options using a futures option trading program held by the Defendant to G of the Victim F Co., Ltd. (hereinafter “victim”) at the E office.

In fact, high-income has been generated for several years, and the fund has been managed by investment from many investors.

When issuing investment money, the purport was that it would pay 3% of the monthly profits and guarantee the principal by conducting futures option transactions.

However, in fact, the Defendant did not hold the above futures option trading program and invested in the Defendant, and did not have any other investors who invested in the Defendant, and was reported losses by trading futures options with its own funds, and was given investment money from the victimized Company and was used as personal debt repayment, living expenses, etc.

The Defendant deceiving G as above and was transferred KRW 300 million to the Defendant’s account in the name of his wife H on the same day from G as that of the Defendant’s wife.

The Defendant, including that, from around that time to April 8, 2015, received KRW 900 million from the victimized company as investment money or borrowed money on six occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement in each protocol concerning the examination of suspect of the police against I and H;

1. Statement of the police statement related to G;

1. Investigative reports (related to investigation into accounts of damaged money);

1. Certified copies of each corporate registry (entry only in the sequence Nos. 2, 3, and 8 of the evidence list), each business partnership agreement [No. 4, 9], investment agreement, bank transfer data, agreement of lending and borrowing of money, recording records, submission of suspect defense counsel (financial transaction records), suspect H substitute account details, and suspect H.