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(영문) 서울중앙지방법원 2014.12.19 2014고단6881

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around August 20, 2011, the Defendant may make an investment in a professional investor group even though it is limited to one billion won by accumulating the investment money to the victim C at the coffee shop near Samsungdong, Gangnam-gu, Seoul. Around August 2011, the Defendant made a securities company a long-term professional investor group after retirement. The group has a lot of information, making it possible to make a lot of profits by investing in futures option, stocks, etc., and making a lot of profits, and making a lot of money that he/she has made. An individual can not individually bring money into a professional investor group and participate in a certain amount of money. Furthermore, the Defendant may make an investment in a professional investor group even if it is limited to one billion won by accumulating the investment money to the professional investor group. (b) If the principal loss was incurred, it is possible to make profits from 20-30% by delivering the investment money to the professional investor group. 3 months after retirement, and even after the expiration of three months, it is difficult to make a false investment to return the principal and profits.

However, in fact, the defendant's direct futures option trading after examining the real-time broadcast of the Internet D site's futures option, but continued to be considered only as losses, and made an investment through a professional investor group.

In addition, there was no fact of recovering profits, and there was no fund required for the futures option directly invested by the defendant, and there was no intention or ability to pay the principal properly, even if the defendant received money from the above C, even though he did not receive money from the above C, and there was no intention or ability to pay the principal properly.

Nevertheless, the Defendant above C.