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(영문) 인천지방법원 2013.06.27 2013고단924

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 13, 2007, the Defendant made a false statement to the victim E operated by the Defendant in the D market located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The victim F would be able to have a large amount of profit if he purchases high trends in advance due to a continuous increase in estimated values. It would be 10 million won after one year, so he would be able to make a full payment.”

However, the defendant had no intention or ability to repay the borrowed money from the victim by borrowing the money from the victim.

Nevertheless, the Defendant received KRW 10 million in cash from the victim on the same day, and received KRW 100 million in cash from the Defendant’s bank account on March 15, 2007.

Accordingly, the defendant was given property worth KRW 110 million by deceiving the victim.

2. On October 22, 2008, the Defendant made a false statement to the victim F, stating, “Around July 2007, because the price of Samsung Heavy Industries’ stocks purchased by the NN around July 2007 drops, it is necessary to set a little amount of stocks to be purchased, and if so, the Defendant would have a thickness until NN would be sold.”

However, the defendant was not holding the shares of Samsung Heavy Industries, which he purchased on July 27, 2007 for the victim, around August 20, 2007, after already disposing of 400 shares of Samsung Heavy Industries, and did not have any intention or ability to purchase shares for the victim and hold them additionally.

Nevertheless, the Defendant received 10 million won in cash as the purchase price of stocks from the victim on the job.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. A certificate of deposit, details of each account transaction, and application of statutes on the details of stock trade;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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