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(영문) 서울동부지방법원 2019.10.24 2019고단2349

사기등

Text

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

Reasons

Punishment of the crime

From July 1, 2013, the Defendant worked as the Vice-Director in B diving Branch and was in charge of consulting and soliciting investment with customers on financial products such as stocks and bonds, while the Defendant deposited a total account of KRW 450 million in total (D) and RP-type CMA account six times in terms of investment deposit, the Defendant: (a) the securities company automatically purchased and invested bonds with repurchase agreement for the transaction of outstanding bonds above Class A of national and public bonds; (b) deposited the bonds with repurchase agreement for the transaction of outstanding bonds above Class A at the time of withdrawal; (c) received from the victim F to make a deposit of KRW 60 million in total from the victim F to the RP-type CMA account; and (d) made the victims purchase the bonds such as H and I on four occasions in terms of investment deposit.

1. Fraud;

A. The Defendant, against the victim C, committed fraud with intent to collect money in the middle by abusing the fact that the victim did not receive the proceeds of the company bond from the transfer to the monthly account and would receive the payment by withdrawing the proceeds directly from the company bond to the counter of a branch office, and the victim did not confirm the monetary check by withdrawing the proceeds.

On April 16, 2014, at the VIP counseling office located in Songpa-gu Seoul building, the Defendant: “The document must be prepared to receive 5,000,000 won from exchange gains by investing in BB state bonds; and the amount should be withdrawn and paid in full; and the Defendant had the victim write his signature first in the name column of the SPY sheet, the amount of which is a blank space; then, the amount amount of KRW 5,927,354, an actual profit, was written later.

Then, the defendant presented a securities card and identification card received from the victim to the employees of the non-name counter along with the above monetary statement, and 5.