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(영문) 창원지방법원 통영지원 2017.01.25 2016고단712

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal records] On July 26, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on July 26, 201 and completed the execution of the sentence at the Changwon Prison on August 19, 201.

[2] The Defendant was confined to the original prison from February 24, 201 to August 19, 201, and became aware of the victims C and the victims D who were confined to the said prison for the same period. After release, the Defendant became aware of the fact that he/she had contacted the victims and he/she was able to be friendly.

1. The Defendant committed the crime against the victim C at the “E” restaurant located in the GH securities around May 2012, which was collected by the victim at the time when the victim was on the part of the NH securities prior to the towing.

F is a director who is going to scarout in G, and that part is a person who sets 1 to 2 trillion won, and the share price can start.

There is no absolute loss due to close behind the person's designation of the issue of purchase of shares, etc.

The principal shall be guaranteed, and the average of 20% of the profits of the party may be raised.

The amount of stock investment may be changed to that person, and the proceeds may be divided.

“A false representation was made.”

However, the fact is that the share price was exchanged with the above F, and the share price was not designated, and F was not a person who can work for the share price.

In addition, the defendant had been over KRW 100 million due to bad credit standing at the time, and there was no certain occupation, and some of the amounts received from the victim tried to make an investment of stocks in part of the remaining amount after being used as living expenses, etc., and even after being deposited in the stock account to make an investment of stocks, as long as living expenses, etc. were needed to withdraw the principal from the stock account and to use it as an individual, there was no intention or ability to compensate the principal or to pay the high amount of profits even if receiving a stock investment from the damaged person.

However, on August 31, 2012, the Defendant was under the name of the Defendant’s wife around August 31, 2012.