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(영문) 대전지방법원 천안지원 2017.06.23 2017고단959
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On September 5, 2013, the summary of the facts charged is that the Defendant, at the office of the company D, located in Dong-gu, Nam-gu, Seoul, on September 5, 2013, the victim E achieved a return on investment of about 30% per month as a result of investment in a foreign futures option (FX) during the recent several years, and thereafter, he/she will pay interest of KRW 10 million per month when he/she lends KRW 100 million.

A transaction shall be conducted within the scope of losses not exceeding 4% per day.

It will be able to receive at least KRW 500 million sales price when selling the automatic stock trading program to securities companies and related persons.

“” and the relevant data were shown and false.

However, at the time, the Defendant was first engaged in the FX M&S transaction, and was in no position the Defendant was unable to make a profit model that could definitely pay the borrowed money and the agreed interest even if he borrowed money from the injured party. Ultimately, there was a loss of about 75% on three days after the commencement of FX M&, and there was no way to repay the borrowed money to the victim after the occurrence of loss, and the automatic trading program had no intention or ability to repay the borrowed money to the victim until now.

The defendant received KRW 100 million from the damaged person's account under the name of the victim managed by the defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. According to the Defendant’s statement, the statement of the transaction statement, etc., the Defendant achieved an average monthly return on the part of the Defendant, as “The Defendant has been making an investment in the FX MM transaction between the last few years,” and thereby has reached the Defendant’s average return.

When making an investment, 10% of the principal of each month shall be paid as profits, and more than 10% shall be paid as profits.

It shall be traded only within the scope of losses not exceeding 4% of the principal per day.

The term "assigning the victim" shall be 100 million won in the securities account in the name of the victim.

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