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(영문) 광주지방법원 2016.06.23 2016고단989

사기등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be liable for damages of KRW 50,000,000 to the applicant D.

Reasons

Punishment of the crime

1. The Defendant, upon receiving a loan from a financial institution in around 2009, was able to raise funds to invest in futures options because it is difficult to obtain additional loans and make it difficult to obtain additional loans because it is difficult to obtain additional loans and make it difficult for the Defendant to raise funds to invest in futures options due to the lack of losses after having invested approximately KRW 200 million in futures options after receiving loans from the financial institution. In order to raise funds by deceiving them as being in school teachers and raising funds to raise funds to invest in futures options.

On October 9, 2012, the Defendant would pay the victim G the profits of from 5 to 9 percent per month to the victim G at a entertainment station located in Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu.

The principal is guaranteed and returned at any time, and it is false to the effect that the principal shall not be deemed as having been managed separately from the amount of money paid in the Republic of Korea.

However, in fact, the Defendant had invested in futures options at the time, but did not have any other means of self-sufficiency, but could not pay to the victim a high-rate profit agreed monthly through the management of financial products, such as derivatives, in the absence of financial resources. Moreover, the Defendant did not have to prevent the return of a pre-existing investor’s profits from the funds attracting other investors in the order. Therefore, even if receiving an investment from the damaged person, the Defendant did not have any intent or ability to comply with the above agreement.

As such, on October 9, 2012, the Defendant, by deceiving the victim, received KRW 30 million from the new bank account (H) with the Defendant’s name on the pretext of investment from the victim, from around October 9, 2012, from around 15 times to around October 19, 2015, along with the transfer of KRW 570 million from around 15,000,000 from the victim 21 until around 158, as indicated in the list of crimes in the attached Table, in addition to the transfer of KRW 3,675,90,000 from around 158.

2. The loan to the victim G is fraudulent;