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(영문) 서울서부지방법원 2014.01.24 2013고단652

사기

Text

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

On April 19, 2007, the Defendant, at the home of the Defendant of Yongsan-gu Seoul Metropolitan Government 1st floor, stated that “I will return without the framework the principal and profits because I will leave 10% or more of the profits for one month while I will receive the money from the victim F, who is his husband E, as a stock expert.”

However, in fact, the Defendant did not have much experience in investing stocks, and there was no particular information about the stocks, and since there was a situation in which another person’s money was invested and contributed to losses by investing in stocks, even if the victim received money from the victim, it is difficult to pay more than an average of 10% of the profits for the month when investing in the stocks, and there was no intention

As above, the Defendant, including by deceiving the victim and receiving KRW 10,00,000 from the victim who was in its possession, received KRW 201,30,000 from September 30, 2008, total sum of 201,300,000 from September 30, 208, as stated in the attached list of crimes, and acquired it as stock investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes, such as a passbook receipt, statement of transactions, e-mail, details of each deposit transaction, details of passbook transactions, details of passbook transactions, and details of stock account transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) that KRW 130 million has been returned among the money that the defendant received as

1. Social service order under Article 62-2 of the Criminal Act;