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(영문) 수원지방법원 2014.12.22 2014고단5423

사기등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Attachment] On February 6, 2013, the Defendant was sentenced to imprisonment with prison labor for five months at the Suwon District Court on the crime of embezzlement, and the said judgment became final and conclusive on February 14, 2013.

【Criminal Facts】

1. The Defendant was making an investment in foreign exchange transactions (FXE transactions) with a view to punishing money. On June 2, 2011, the Defendant established Hong Kong corporations called “C” and began foreign exchange transactions by gathering direct investors.

However, in the international exchange market called as the Formex, in a way that an individual exchanges foreign currency directly, it is possible to bring high profits and losses to a small amount of investment funds, because of the occurrence of exchange gains and losses depending on exchange rate fluctuations, while it is difficult to finally guarantee the principal of investment, interest, profit, etc. due to high investment risk.

The Defendant did not accurately notify the risk and structure of the FXE transaction in the process of receiving money for the FXE transaction, or acquired money as if it were invested for a stable other business. A.

The defendant's fraud against the victim D refers to (1) on April 15, 2011, the victim D's false statement that "at least 200 million won is exceeded because the funds are short of 200 million won due to the lack of funds to open the franchise branch of Lestop E, the guarantee of high profits." The victim received from the victim, namely, 196,068,60 won from the victim, and around September 22, 201, he was planned to open the Estove point. Further, the defendant plans to open the Estove point. Further, the defendant's statement that "at least 10 million won is loaned to the victim," and the victim's statement that "at least 9,682,000 won is transferred from the victim twice to the victim, and around 21, 2012.1.21.21.21.21.21.2000"