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(영문) 광주지방법원 2018.03.28 2017고단3748

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

“B (B; hereinafter “B”)” is a company referred to as a financial institution specialized in FX M&S trading, which is a kind of futures trading of foreign exchange derivatives, and if a member is admitted to B with the payment of investment funds, it can guarantee a fixed amount of 3 to 8% per month and the principal and interest of 3-8% per month, and can confirm the details of investment funds, recommended and recommended allowances, and dividends to be paid in the future through the personal account established on the above Internet website.

The fund is being received by public relations methods.

However, B does not know the location of the office, the current status of operation, the transfer of the investment funds delivered to the fund raisers overseas, the actual user, and the source of dividends delivered to investors, and it does not have FDM status necessary for the FX M transaction, and Korea does not have a branch office.

The defendant around March 2015, in the D Sung-gu in Gwangju-gu, "A person engaged in the business related to B," made an investment in B, paid 8% monthly profits through 18 months from the following month, and made an investment in trust of returning the principal after 18 months, the defendant will guarantee monthly profits and principal.

“The phrase “ was false.”

However, as above, the FX M&D is not qualified as an international exchange with no profit, and the high risk transaction containing possibility of loss of principal due to a decline in the value of the currency traded, and no profit is guaranteed. The Defendant only intended to use the money received from the damaged investors as return of profits, repayment of personal debts, living expenses, etc. to other investors, and the Defendant did not have the intent or ability to pay the money and return the principal by receiving the money from the damaged investors.

Nevertheless, the defendant deceivings the victim as above, and around April 27, 2015, the F Bank in the name of the defendant.