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(영문) 청주지방법원 2016.09.01 2016고단221

사기

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

The defendant pays 250 million won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Cheongju District Court, which became final and conclusive on April 12, 2014.

On February 21, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Cheongju District Court for fraud, and the said judgment became final and conclusive on April 23, 2014.

On September 17, 2011, the Defendant made an investment in futures options to the victim D within the F agenda located in Seo-gu, Seo-gu, Seo-gu, Seo-gu. The Defendant made a false statement to the effect that the 20th day of the month would pay the dividend equivalent to 0.5% of the investment, and return the principal upon the termination of the contract after the 24th month.

However, as the Defendant was at the time suffered losses equivalent to KRW 200 million due to investment in futures option, it was thought that he was able to receive money from the victim and make an additional investment in return for losses, and the Defendant had no intention or ability to pay dividends equivalent to KRW 0.5% of the investment amount to the victim during the month when he guaranteed the principal of the investment amount.

Around September 20, 2011, the Defendant, by deceiving the victim as above, received KRW 275 million from the victim to the new bank account (Account Number: G) in the name of the Defendant, as well as transferred KRW 20 million from September 20, 201 to February 8, 2012, as described in the list of crimes in attached Table 13 times, as the Defendant was remitted from September 20, 201 to February 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A consulting contract for principal guarantee-type, details of passbook transactions, and written confirmation of entrusted money;

1. Previous convictions: Criminal records, each investigation report (Attachment to a copy of the judgment) is highly dangerous and the investment in futures option is unable to contain profits; Defendant suffered damages equivalent to KRW 200 million due to investment in futures option at the time. Nevertheless, the principal is paid to the victim who was not well aware of the futures option.