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(영문) 광주지방법원 목포지원 2015.09.07 2015고단308

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 13, 2012, the Defendant stated that “The Defendant would make an investment of at least 20% to a large number of persons with stock investment” to the victim C at the Defendant’s office located D and 2nd century, and would make an investment of at least 50 million won by adding 20% profits to the principal after one year after making a profit by investing in the shares.”

However, in fact, although the Defendant invested in futures and options by lending money from many persons at the time, it was difficult for the Defendant to lose most of the investment money due to failure to make an investment and to resolve the lending money. Therefore, even if the Defendant received KRW 50 million from the victim as a stock investment, he/she did not have an intention or ability to pay KRW 60,000,000,000, which added 20% of the principal to the victim’s profits.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative Account (E) in the name of the Defendant for the same day under the name of capital investment on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Two copies of investigation reports (examination of suspect A details of transactions), - Two copies of account transactions in agricultural cooperatives under suspect name;

1. A copy of the case records No. 2013, No. 6592, and No. 13015, a copy of investigation report (in case of a suspect's separate filing of a complaint, filing of records, and review of records), a copy of the case records No. 2013, No. 6592, and No. 13015;

1. - According to the evidence of the details of savings deposit (12), the Defendant: (a) invested in shares, futures and options from October 201 to May 12, 201; (b) filed a complaint against the Defendant on December 12, 201 by F, G, and H, who invested in shares from around October 201 to around May 201; (c) was a non-prosecution disposition on September 24, 2013; and (d) the Defendant tried to arrange the said case in a complicated manner on October 2012.”