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(영문) 서울남부지방법원 2018.04.11 2017고단6337

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 2016, the Defendant concluded that, around May 2016, the Guro-gu Seoul Metropolitan Government Apartment Complex B Apartment, the Defendant: (a) around May 2016, the victim C agreed to jointly invest KRW 1.3 billion in Samsung SDR’s bonds, the principal amount of which is guaranteed and the profitability of which is high; (b) and (c) is to invest KRW 430 million in the amount of a joint investment; and (d) if an investment is made in the form of a loan with a large amount of investment, the principal will be guaranteed and at least 15% interest will be paid for the three months.

However, in fact, the Defendant did not have any consultation with the relevant parties regarding the investment in SamsungS Conversion Bonds, and had already reported damage by investing in futures options. Therefore, the Defendant did not have any intent or ability to repay the principal and interest even if he borrowed money from the injured party.

Around May 16, 2016, the Defendant, by deceiving the victim as above, received 28 million won from the KB Securities Account (D) in the name of the Defendant from the victim, and acquired it through money borrowed from the victim.

2. On June 2016, at the same place as indicated in paragraph (1) around June 2016, the Defendant concluded that the Defendant would repay the principal, including interest rate of 20%, to the same victim, regardless of losses or losses, at the same time and place.

However, the defendant was thought to invest the money borrowed from the injured party in the futures option in order to meet the losses that have already occurred without using it for the investment in the spam spke stock.

In light of the inquiry into the details of the deposit and withdrawal transactions on August 19, 2016, the Defendant, as above, by deceiving the victim and deceiving the victim to the KB Securities Account as described in paragraph (1) from the victim, and the inquiry into the details of the deposit and withdrawal transactions on August 19, 2016, it is obvious that the phrase “ around June 19, 2016” written indictment is

On September 29, 2016, KRW 10 million, KRW 20 million on or around September 29, 2016, and KRW 9 million on or around March 13, 2017, was remitted and acquired as a borrowed money.

3. On January 4, 2017, the Defendant committed fraud, around January 4, 2017 (1) around January 4, 2017.