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(영문) 대구지방법원 김천지원 2017.06.27 2017고단492

사기

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

In order to respond to the occurrence of enormous damages due to stock investment, etc., Defendant A is a stock investment expert, and Defendant B introduced Defendant A as a stock investment expert and conspired to borrow money from other people who believe it.

According to the above public offering, the Defendants met the victim G at the share investment office located in Daegu Suwon-gu F in January 2009, which was jointly operated by the Defendants, and Defendant B introduced the victim as if the Defendant was a share investment expert.

The total amount of the share to be invested shall be invested and 2.5% of the principal per month shall be paid as interest, and the principal shall be paid in full after six months.

“Falsely speaking,” and Defendant A explained the theory of shares to the victim and made the aforementioned commitment as if the victim were a stock investment specialist.

However, in fact, Defendant A was not an expert due to no career or academic background related to stock investment, and was in a state of bad credit standing due to business failure, and there was no economic ability. Defendant B had been aware from around 2008 that, although Defendant B traded stocks, futures, and options with Defendant A, it had already been aware of the fact that the profitability was very low in view of the loss of KRW 80,000,000, and there was no property or income to be repaid. In addition, the Defendants did not have an intent or ability to pay the principle even if they borrowed money from the damaged person, on the ground that Defendant A was able to consume the considerable portion of the money received from the damaged person’s personal debt and living expenses.

Nevertheless, on January 21, 2009, the Defendants made a false statement as above, and the Daegu Bank in the name of Defendant B.