"2014 Highest 1103"

1. Fraud;

A. On February 201, 201, the Defendant: (a) operated an overseas investment company of “F and “G” as a partnership with the victim in the victim E’s house of Yangcheon-gu Seoul apartment complex No. 806, 1106, 1106, and (b) operated the victim as a partnership business; (c) is in charge of the management of investors’ financial management and dividends that hold an account of not less than 10,000 won of operating funds. The Defendant said that the principal cannot be absolutely damaged because the return is good and the distribution is based on market gains.

However, the above “G” company was not established and was not established, and at the time the Defendant invested in foreign futures derivatives called “EEEpro”, and the said goods did not have the intent or ability to guarantee the principal even if the principal of the exchange profit is paid to the goods whose principal amount is not guaranteed according to the exchange rate fluctuation.

As such, the Defendant, by deceiving the victim, transferred KRW 34,20,000 (U.S. dollars 30,000) to one bank account under the name of the Defendant on February 22, 2011, and received KRW 22,120,000 (U.S. dollars 20,000) around April 8, 201, and transferred KRW 53,80,000 (U.S. dollars 50,00) to one bank account under the name of the Defendant around July 11, 201.

B. Around June 7, 2012, the Defendant stated that “A victim is subject to early termination before the agreed date among investors, and in such a case, if a short-term investment is made for the remaining period, part of the agreed dividends can be distributed short-term dividends.”

However, in fact, even if the Defendant received money from the victim as the total amount of investment money received from the victim was lost, it was thought that he would use it to repay other debts, and there was no intention or ability to return the principal in accordance with the agreement.

The defendant deceivings the victim to do so.