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(영문) 서울서부지방법원 2018.07.18 2018고단1357

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 2017, the Defendant, along with D, E, and F, posted an advertisement of “foreign stock investment site guaranteeing high profit” to allow many and unspecified Kapets members to view it by accessing NAV stocks, and conspired to commit an “investment fraud” by receiving money as investment money, after inducing those who reported and contacted the advertisement to join the member of the foreign stock investment site.

D In accordance with the above public offering, after creating an investment fraud office in Busan City-si G 8th 815, H who opened and manages a false stock investment site, paid a user fee, and received a bank account in the name of "I" and "B" account, which is a web site address, and "I" and "I" bank account. From July 3, 2017 to July 19, 2017, the defendant, E, and F posted an advertisement to the effect that "Guarantee of high-profit investment" is guaranteed on the Internet website-related car page using No. D prepared at the above office, using No. 3 prepared at the above office, and induce the victims who reported and contacted, to enter the above "I" site, and after analyzing the share price index of each country, it did not incur loss or loss if a distributed investment was made without compensation until the principal amount reaches three times the investment amount."

그러나 사실 위 ‘I’ 사이트는 허위로 만들어 진 것이었고, 피고인 등은 피해자들 로부터 투자금을 송금 받아 이를 가로챌 생각이었을 뿐 피해자들에게 해외 주식투자를 통해 고수익을 보장해 줄 의사나 능력이 없었다.

Nevertheless, the Defendant, in collusion with D, E, and F on July 3, 2017, received KRW 3 million from the VictimJ as investment money and received KRW 16,350,000 from four victims, including around that time to July 19, 2017.

Summary of Evidence

1. The defendant's person;