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(영문) 서울중앙지방법원 2015.06.12 2015고합190

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Around September 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that “Around September 2007, the Defendant made a false statement to the Victim C’s FindingD stating that “In Korea, there are several people and fund companies with experience in working in securities companies, and the Defendant gains an average of at least 5-10% of the monthly income. When investing funds in an operated fund, the Defendant would operate the fund and pay a profit of at least 5% every month. It would have received a large amount of income for 5-6 years after the establishment of the fund company.”

However, the defendant is working in the business division of Securities E branch from 1998 to 2003.

Around that time, he retired from office in Gangnam-gu Seoul and made investment in futures options with personal offices in Gangnam-gu, Seoul. However, around September 2007, most of the principal invested in futures options by financing from the land owners up to September 2007 and reported losses to most of the principal amount of KRW 1.2 billion.

Moreover, the defendant did not operate the fund company, and even if he received investment from the victim, he thought that he will invest in the futures option with a high investment risk.

Therefore, the defendant did not have the intent or ability to pay the agreed profit to the victim.

On October 1, 2007, the Defendant received KRW 40 million from the victim and D to the Japanese bank account under the name of the Defendant on October 1, 2007, and received a total of KRW 530 million from April 1, 2009 to April 12, 2009, from that time.

Accordingly, the defendant was given the victim's property by deceiving the victim and D.

2. 사문서위조 및 위조사문서행사 피고인은 2011. 5. 31.경 김천시 G 소재 피고인의 어머니 H 집에서 C에게 교부할 생각으로, 컴퓨터를 이용하여 종이에"지불각서, C 귀하, 一金四億원정(400,000,000원), 상기 금액은 차용금으로서 20 . . . 까지 귀하의 주소지에서 지급 변제하거나...