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(영문) 부산지방법원 2014.11.27 2014노3548

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the judgment of the court below that acquitted the Defendant of the facts charged in this case, which affected the conclusion of the judgment, is erroneous.

2. The summary of the facts charged in the instant case is that Defendant B was delegated with all authority related to the investment in stocks and derivatives for three months as investment period and invested in stocks and derivatives in the name of A, and made an oral agreement that “The principal shall be guaranteed and the return on investment shall be within 25%,” and that the amount of the investment profits generated shall be divided into five and five and five and that the truster and the operator shall be divided from January 31, 2013 to A.

2. By August 2, 200, an investment of KRW 31,000,00 was made, but the investment principal and earnings were not received even after three months were not received, and the principal of the investment was demanded to return the investment principal and thus causing losses to A due to the option investment. However, the victims deceiving the victims as if they would be able to obtain high profits if they make an investment into A through themselves, and at the same time, A urged them to return some of the funds from the victims to pay their personal debts, etc. by receiving a return of their own personal debts, etc.

around May 2013, the Defendant stated to the effect that, while eating A with the victim I, J, etc., saying, “A has been at the time when the latter part of the year 2013, on the flow of stock investment, would be able to make a big contribution to futures investment,” it is possible to make an investment only through the victim I, J, and K “A has a time to make a large contribution to stock investment,” but it is possible to make an investment only through the fact that it does not receive any personal investment. If an investment is made, it may guarantee the principal and make a contribution by guaranteeing two to three times in a short period of one to two months.”

However, the defendant shall make profits with the above A.