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(영문) 부산고등법원 2021.01.20 2020나51108

손해배상(기)

Text

Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant B, which orders payment below.

Reasons

1. Basic facts

A. Defendant B was convicted of committing the following criminal facts by committing a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and the Act on the Regulation of Similar Receipt of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “relevant criminal judgment”) on July 4, 2019. Defendant B was sentenced to 8 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “relevant criminal judgment”); on April 22, 2020, Defendant B was sentenced to 13 years of imprisonment for a period of 366, 2019, 366, 518, 2018, 2019, 657, and was sentenced to 13 years of imprisonment for a period of 2020Do5425, Jul. 9, 2020.

Defendant 1 had an office of “F” on the third floor of the building in Nam-gu E at Port, and made a false statement to the general responsibility for receiving and managing investment funds by ice EXE (FX) foreign exchange futures trading, which read, “NX futures trading was conducted for several years, and 3, etc. at the world conference,” which was developed a automatic trading program. In accordance with this program, there was a large amount of profits for transactions in the Republic of Korea, and 5% of the monthly investment amount will be paid as dividends, and the principal will be repaid after one year.”

However, in fact, the Defendant did not have 3 etc. at the world conference, and the foreign exchange trading was unable to pay to investors a 5% dividend every month in high-risk trade, so it did not have any intent or ability to pay dividends as above with the proceeds of foreign exchange futures trading, and in fact, it used only part of the amount invested by the victims as the investment amount of foreign exchange futures trading, and most of the investment amount was used to pay dividends to existing investors.

As such, the Defendant, by deceiving the victim and receiving money from the victim as investment money, received money as stated in the list of crimes in the attached Table, including the transfer of money from the victim.

B. In the relevant criminal judgment, the details of the fraud against Defendant B.