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(영문) 서울동부지방법원 2013.12.04 2013고단572
사기
Text

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

Reasons

1. The summary of the facts charged is that the Defendant recommended the victim D to make an investment in shares to the effect that, on April 12, 2007, it is not possible to know the trade name located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) made an investment in new financial investment securities located in Seocho-gu, Seoul; (b) made the victim open an account in the name of the victim; and (c) deposited KRW 100 million in the said account; and (d) around June 4, 2007, the Defendant managed the Defendant’s shares account by making the victim deposit KRW 100 million in the said account with the victim’s funds added KRW 100 million to the said women’s account.

On June 20, 2007, the Defendant came to know of the fact that the victim ought to be female in the U.S., and made a false statement to the effect that “The Defendant would make profits more actively from the transfer of the shares in the securities account before leaving the U.S. to the Na securities account,” and that “the principal would not be able to see whether it is in compliance with the terms and conditions.”

However, the Defendant’s securities account is an account for the counter-transaction (in the case of securities transaction, the customer’s arbitrary disposal of stocks at a securities company to cover the shortage of cash in the securities company if the shortage of cash is not paid to the securities company) when the price of stocks lower than the amount of the security established by the bank. The Defendant’s securities account was either the E-B or the Defendant did not notify the victim of the concept of counter-transaction and the circumstances where the counter-transaction is established, and as such, the security was not properly established. As such, there is a concern for the counter-transaction at any time, and thus, the transfer of stocks from the victim is also required.

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