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(영문) 춘천지방법원 2015.06.12 2014고단1248
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant committed securities investment fraud by deceiving the victims, who were aware of his/her difficulty in living due to his/her loss in the course of dealing with securities, and by deceiving them to use part of the amount of money from the victims for living expenses, and by doing securities transaction with the remaining money, thereby contributing to compensating for losses that have occurred during the period.

On March 10, 2008, the Defendant against the Victim C at a Fju located in Gangseo-gu Seoul Metropolitan Government E, the Defendant was demoted to the Victim C at the Seoul Industrial University as a fund manager working for the department of “B, E Telecom Ton of B,” and the rate of return is high to invest in a new fund. The Defendant is 2.5% per month when investing in the Fund. The Defendant would make profits to the Fund and guarantee the principal. If it is erroneous, the Defendant did not know about how to guarantee the principal even in the case of money. The wife made a false statement to the effect that “B is sufficiently capable of purchasing a building equivalent to one billion won in many won.”

However, in fact, the Defendant did not work as a fund manager in the Stecom, or did not receive funds from the university, and obtained income amounting to KRW 1.1.5 million per month from the coffee machine business without any particular property with bad credit, while the Defendant did not have to pay more than KRW 4 million per month as interest on the debt amounting to KRW 900,000,000 per month, and it did not have to guarantee the principal with the Defendant’s money. Since the Defendant did not invest the money received from the victim in the entire securities transaction, he did not think that part of the money was used for personal purposes, such as living expenses, etc., the Defendant paid the proceeds promised to the victim and did not have any intent or ability to guarantee the principal.

The Defendant is a clerical error as stated in the indictment on March 18, 2008 from the victim.

Defendant

A corporate bank account (Account Number): KRW 9.4 million was transferred to G.

In addition, the Defendant from around that time to February 19, 2010.

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