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(영문) 대구지방법원 2016.04.21 2015고단5008

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2012, the Defendant explained to the effect that “The purchase of government bonds and the sale profits are fine,” while drinking alcohol to the victim D (41 taxes) at the alcohol house located in front of the Daegu-gu University B, Daegu-gu, 2012, and that “the purchase of government bonds and the sale profits are fine.”

5. Around 31, the victim made a false statement to the effect that “When the investor refuses to make an investment of KRW 5 million in the purchase of government bonds at the last drinking place, it is difficult for the investor to enter into the position of the victim because of remittance D, 50 million won, it is difficult for the investor to enter into the position of the victim. The amount of the principal will be 10% per annum compared with the principal, and the principal will be returned after six months, and even if the loss is considered, the principal will be guaranteed with the amount of money within the limit of six months.”

However, in fact, even though the purchase of government bonds itself is in high risk, such fact was not notified. At the time, the rate of return on government bonds was 3 to 4% per annum, so it was not 10% per annum. At the time, the defendant's existing obligation to the lending company, etc. was paid in KRW 10 million, so if the principal is deemed as losses, there was no intention or ability to guarantee the principal with the money of the defendant.

The defendant deceivings the victim as above and transferred KRW 5 million from the victim to the same securities account in the name of the defendant.

2. On July 25, 2012, the Defendant called the victim in Daegu, and “the good will be good.”

It was false that 2 old accounts were divided into 5 million won as investment goods, and sent KRW 10 million.

However, there was no intention or ability to make profits or guarantee principal for the same reasons as Paragraph 1.

The defendant deceivings the victim as above and was transferred KRW 5 million on the same day from the victim, and KRW 5 million on the 30th of the same month to the dynamic securities account in the name of each defendant.

3. The Defendant called the victim in Daegu around August 2012 and opened an account with “goods sold at once.”