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(영문) 서울동부지방법원 2013.08.28 2013고단1144

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

G, who is the defendant, pays KRW 115,100,00 to G.

Reasons

Punishment of the crime

Around August 2011, the Defendant resided in an apartment under the name of the Si/Gung, and did not have any property in the name of the Defendant. The Defendant had to pay KRW 3,00,000 per month to the financial institution with a debt equivalent to KRW 290,000,000,000,000 per month. Although the Defendant had to act as a broker for the transaction of stocks and as a broker for the transaction of stocks against the part of the Plaintiff, the Defendant had to incur economic difficulties due to the lack of a certain amount of income due to the depression of the stock transaction since 2011, the Defendant was trying to purchase high-quality shares for the victims who had been aware of through the brokerage of the transaction of stocks, and had to pay for the amount received from them with living expenses and the repayment of debts.

1. Crimes against victim F;

A. A. On November 8, 2011, the Defendant, despite having no intent or ability to purchase stocks even if he/she received the purchase price of stocks from the victim F, he/she acquired 145,050,000 won in total on 15 occasions from the above date to January 17, 2013, including that he/she received 9,50,000 won from the victim F by stating that “When he/she remitted the purchase price of stocks, he/she would make a purchase of over-the-counter stocks.”

B. On February 8, 2012, the Defendant: (a) requested sale of KRW 4,00 (20,000 at a market price of KRW 20,00) shares of the victim F; (b) on April 9, 2012, the Defendant embezzled the amount of KRW 34,50,000 (30,000 at a market price of KRW 10,500) shares of the victim’s capital (4,000 at a market price of KRW 10,50,00) from the victim; and (c) transferred the shares of the victim’s capital at a request for sale of KRW 1,00 (4,00,000 at a market price of KRW 4,00 at a market price of KRW 4,50,00 at a price of KRW 1,00 for the victim; and (d) subsequently, voluntarily sold the shares and consumed the purchase price to the suspect’s living

2. Crimes against victims G;

A. The Defendant is from the Victim G on December 26, 2011.