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(영문) 수원지방법원 여주지원 2015.06.04 2014고합108

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud at the Seoul Eastern District Court on June 23, 2014, which became final and conclusive on June 23, 2014.

1. Fraud against the victim C (2014 high-priced108);

A. On March 2009, the Defendant stated to the effect that “In-house Dtel 706, Songpa-gu Seoul Metropolitan Government, Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government Dtel 706),” “The Defendant retired from office for a long time for a securities company, and is making investments in the stock option now, and the Plaintiff has a certain profit by conducting the investment business that provides bonds with the name of the company and lends money to the large company’s stocks as collateral. When lending money, interest equivalent to 2% per month shall be paid, and the principal shall be repaid at any time within ten days if the principal has been repaid.”

However, the defendant was not in a situation where he gains profits through futures option or investment business, and the debt was accumulated when investing in futures options with investment from the surrounding people, and was making a return of the debt as investment money. On the other hand, the defendant did not have any intention or ability to pay the principal within 10 days from the date of the request of the victim when he paid the interest of 2% per month as he did not have any assets or profits.

The Defendant, as above, made a false statement to the victim, and received KRW 100 million from the Defendant’s bank account in the name of the Defendant’s wife E, which was designated by the Defendant around March 26, 2009.

B. The Defendant spent approximately KRW 80,000 per month solely on the interest of the money borrowed from futures option investment in the surrounding neighbors, and received KRW 600,000,000 from the victim by deceiving the victim as follows, under the status of not having any intent or ability to repay the principal of the obligation, while paying the interest to the victim as he did not have any asset or profit, even though the above interest was in excess of the debt accrued from the futures option investment and the profits accrued from the said investment.

the amount of temporary damage.