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(영문) 서울북부지방법원 2016.10.07 2016고합359

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. A violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) against Victims C;

A. A. On August 27, 2012, the Defendant made a false statement to the victim that “The head of the domestic securities company is well aware of the head of the securities company team. The Defendant would increase the number of shares if it transferred to B the future life insurance shares held by D.”

However, the defendant had no intention or ability to increase the shares in future life insurance to the victim because he/she had disposed of the shares at will after he/she was aware of his/her own debt redemption even if he/she received shares from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received from the E’s account managed by the victim, an amount equivalent to KRW 18750,000,000 of the market price of the future life insurance shares in the future from the Defendant’s account to the Defendant’s account.

B. Around December 26, 2011, the Defendant made a false statement with the Dongdaemun-gu Seoul Dongdaemun-gu Seoul, stating that “The Defendant would give 50% profits if he/she makes an investment by making an investment with only employees in future life insurance.”

However, the defendant did not have any particular property or income, while he was responsible for a debt of 60 million won or more, so even if he received money from the victim, he did not deposit in the investment product but did not intend to use it for the repayment of his debt and did not have any intention or ability to guarantee the profit.

Nevertheless, the Defendant received delivery of KRW 30,000,000,000 from the victim’s company bank account on the same day by deceiving the victim as such, and received KRW 3,079,346,779 in total over 234 times, as shown in the attached list of crimes (1) in the name of “a person who knows of the team leader of a securities company, will make a lot of profits from the receipt of money,” from around that day to June 20, 2016.

2. With respect to victims G.