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(영문) 서울북부지방법원 2018.12.13 2017고정2165

사기

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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From July 2016 to August 2016, the Defendant served as a company B’s youth with the provision of information on stocks and TB broadcast as a business of providing information on stocks.

On July 21, 2016, the Defendant: (a) viewed the victim C and the annual fee of KRW 2.5 million via telephone; (b) concluded a contract by which investment information can be seen in writing; and (c) the victim transferred KRW 1.5 million to B’s account on August 31, 2016 pursuant to the said contract.

On September 30, 2016, the Defendant stated that “A victim who intends to deposit the remainder of annual fee of KRW 1 million into B by telephone, may continue to view D if it is not deposited into B account, and transfers KRW 1 million to E account, and may also receive shares-related information as it is.”

However, in fact, Co., Ltd. is established on August 22, 2016, and on September 30, 2016, the company that reported to the Financial Services Commission as a business of consulting similar investment, the company that is entirely separate from Co., Ltd. B, and the victim could not receive D viewing or receiving investment information normally for the entire contract period, if it deposits the remainder of annual fees of KRW 1 million to E.

The defendant deceivings the victim as above, and he received 1 million won from the victim to receive the money from the victim.

Summary of Evidence

1. The defendant's partial statement in court (as at the date of the eight public trial in court);

1. All or some of the statements by witnesses C, F, G and H in all or part;

1. Statement made to I by the police;

1. Each investigation report (No. 24, 32, 33, 35, 39, 40 once a year);

1. All of the registered matters, a certificate of all the registered matters, a web-site closure agreement, details of financial transactions, text messages, text messages, deposit account number, details of transfer transactions, each defense counsel's written opinion, and record notes;

1. The telephone tape CD (the defendant and his defense counsel entered into a contract with the victim separately from the defendant corporation B and received one million won from the victim.