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(영문) 부산지방법원 2014.01.10 2013고단6153

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates a corporate savings bank C established for the purpose of insurance sales business, etc.

In fact, the defendant did not have obtained authorization from or registered with the competent administrative agency as a discretionary investment business entity that is capable of operating a discretionary investment business, and did not have any stock assets in operation or possession. The defendant did not have the ability to make certain profits for a considerable period of time while preserving the principal by investing in stocks. Even if the defendant received the money in the name of the capital investment in stocks from the victim, the substantial portion was used in the defendant's living expenses, etc., and it was thought that only part of it was actually used for the

On June 22, 2010, the Defendant acquired money of KRW 40 million from the victim to the Defendant’s account as a share investment money, and acquired money from the victim to the Defendant’s account as a share investment money. The Defendant acquired money from the victim, on June 22, 2010, to the effect that “the trust-type fund that invests investors’ money in securities is managed at a certain rate of interest per month, and will guarantee the principal.”

Around March 22, 2012, the Defendant, at the foregoing place, made a false statement to the same purport, and received money KRW 20.6 million from the victim’s account to the Defendant’s account in the city of the city, from the defrauded as a share investment money and fee, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Information response to each financial transaction;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a criminal complaint contract and statement of account transactions, attachment of details of securities transactions, and investigation into fund flows);

1. Article 347 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts of crime, and the choice of imprisonment;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;