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(영문) 수원지방법원 성남지원 2013.12.06 2013고단2143

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around November 209, the Defendant: (a) was the victim E’s house located in Busanjin-gu, Busan, 218 Dong 201, the Defendant had no property or occupation at the time; (b) had been engaged in stock transactions; and (c) had been a bad credit holder due to losses incurred while doing so; (d) the balance of the stock trading account was rarely remaining; and (e) gift trading was well aware of the risks of losses incurred from futures trading; (b) even if 30 million won was paid by the victim, there was no intent or ability to make profits while guaranteeing the principal through stock and futures trading; (c) while doing so, the Defendant was able to receive 300 million won from the victim as if he was re-fited, “I would manage a 150 billion won restaurant and a 100 billion won cash account; and (d) would receive money from the funds to be operated by the Fund; and (d) made a false contribution to 200 million won within 10 billion won from the Defendant’s capital stock trading.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including E in the third protocol);

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. A copy of the certificate of confirmation, a copy of the name of investment advisory, a statement of account for stock transactions, a statement of account statements for futures option transactions, and a copy of the results of the financial institution meetings; and

1. A criminal investigation report (report attached to credit information inquiry data);

1. Application of the Acts and subordinate statutes to the complaint;

1. The criminal defendant's reasons for sentencing under Article 347 (1) of the Criminal Act, which is the pertinent Article of the criminal facts and the choice of punishment, is the time when committing a crime;