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(영문) 대전지방법원 논산지원 2014.11.07 2014고단246

사기

Text

1. The defendant shall be punished by imprisonment for a period of three and a half years;

2. The applicant for compensation shall be dismissed;

Reasons

Punishment of the crime

Around October 2009, the Defendant, at the office of “E” located in No. 201 at the time D Apartment, the Defendant called, “E” to the victim C, “I had worked in the securities market prior to the duringception and received a scheme of Scarout in a securities company.” Moreover, I would like to get a gift and options more easily. If you are entrusted to the latter, 50 million won each by combining the latter, I would like to forward dividends by operating the latter. If 50 million won is invested, the Defendant may not only guarantee the principal but also receive 1.5 million won a monthly profit.”

However, even if the Defendant received investment money from the victim C, he was planning to invest directly in derivative financial instruments, such as futures and options, without being entrusted with management by the latter. From 2003 to 2005, the Defendant was a bad credit holder, such as failure to operate the derivatives financial instruments consulting company, and was liable for personal debt 220 million won from 2005. The Defendant was making an investment in futures and options at the time of receiving the investment money from the victim C, but there was no profit or loss, and thus, the Defendant did not have the intent or ability to pay the principal and the profit even after receiving the investment money from the victim C.

As such, the Defendant received a total of KRW 491,00,000 from the victim C to May 20, 2013, a sum of KRW 224,60,000,00 from the victim C, as shown in attached Table 1, as shown in attached Table 2, including a false statement to the victim C, and received KRW 130,20,000,000 in total from the victim C, as shown in attached Table 3, and from the victim J, as shown in attached Table 4, it received from the victim J, a total of KRW 250,00,000,000 in addition to attached Table 2, as shown in attached Table 2.

Ultimately, the Defendant, by deceiving the victims, received a total of KRW 1,095,800,000.

Summary of Evidence

1. Part of the defendant;