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(영문) 광주지방법원 2021.01.28 2020고단4869

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 20, 2020, the Defendant, at the “D” office operated by the victim C, located in the Southern-gun, Southern-gun, the Defendant would allow the victim to use one office to perform FX futures trading. It would be 30% of the profits from the purchase cost of a computer to be used in FX futures trading and KRW 700,000,000,000,000,000,000,000 won.

“A false statement” was made.

However, even if the Defendant received an investment from the injured party, the Defendant did not have the intent or ability to pay the profits to the injured party by opening and operating the FX Futures Markets.

Around April 20, 2020, the Defendant: (a) by deceiving the victim as above; (b) received 2.2 million won from the victim to the Kakao Bank Account (E) in the name of the Defendant; and (c) from around May 14, 2020, the Defendant acquired 8.4 million won in total from around 10 times, as shown in the list of crimes, from around May 14, 2020.

Summary of Evidence

1. Each investigation report on the defendant's legal statement C (Submission of the data on the complainants - output of the content of the AKakao Stockholm conversation, submission of the data on the complainants - submission of photographs and protogram photographs, and submission of the data on the complainants - the details of the transfer of the investment transaction sent by the suspect to the complainants - the details of the transfer of the false orders, and the application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the Defendant had been punished several times for the same crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant again committed a repeated crime due to the same crime during the period of repeated crime, and the Defendant’s liability is not easy to commit such crime.

However, the fact that the defendant recognizes his mistake and reflects, and that the injured party does not want the punishment of the defendant by fully paying the damaged amount to the injured party.