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(영문) 인천지방법원 부천지원 2018.04.27 2017고단3117

사기

Text

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

Reasons

Punishment of the crime

On January 17, 2012, the Defendant made a telephone call to the victim E who made a friendly appearance, and “The Defendant has made profits of at least one million won per day by investing in shares with a high yield of return.”

I would like to pay more than KRW 1 million per month and guarantee principal as a matter of course, if you have four money, and you will pay more than KRW 1 million per month.

Even if a loss is incurred, mother's death insurance money is also located, and the market price is 2 to 300 million, so it is not me about.

However, the Defendant was unable to make profits from stock investment, and from September 23, 201, from around September 23, 201, the financial standing of the Defendant used credit card card theory, savings bank, and lending companies for stock investment, etc. with loans granted from credit card holders, savings banks, and lending companies, but there was less profits from loans than interest, and some of the money received from the victimized party was thought to be used for living expenses or personal debt repayment, etc. Therefore, even if receiving money from the damaged party under the pretext of investment, there was no intention or ability to pay the profits or return the principal.

Nevertheless, on January 17, 2012, the Defendant received KRW 10 million from the injured party to the new securities account under the name of the Defendant, and received KRW 10 million from the time until May 16, 2016, total sum of KRW 20,000 for investment purposes, such as the statement in the list of crimes, from the time to May 16, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the E statement);

1. A complaint, each remittance of money, and details of repayment;

1. Investigation report (verification of suspect A financial information), response to financial data, investigation report (the purchase and sale of stocks submitted by the person against), stock transaction details (new financial investment) (the submission of data on stock accounts used by the person against), investigation report (the submission of data on stock accounts used by the person against), transaction details;