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(영문) 서울중앙지방법원 2014.10.23 2014고단1024
사기
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

[2014 Highest 1024]

1. Around May 201, at a place where a place is unknown, the Defendant made a false statement to the victim C to the effect that “No more than three times the victim’s profits may be raised within two months by putting a phone call to the victim C.” The Defendant made a false statement to the effect that “No more than two months would be made to invest KRW 30 million in investment.”

However, even if the Defendant received money from the victim under the pretext of investment in grass-free shares, it was thought that he would use it for repayment of his personal obligation or make consumption of it due to living expenses, and there was no intention to purchase grass-free shares from the victim, and there was no ability to make the victim pay the victim a high-rate share investment profit.

Nevertheless, on May 26, 201, the Defendant received KRW 25 million from the victim to the national bank account in the name of the Defendant’s attached D, as a fund for purchasing grass-free shares.

Accordingly, the defendant deceivings the victim, thereby deceiving 25 million won.

2. On January 5, 2012, at the victim F’s office located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant made a false statement to the effect that “The Defendant would return the principal to the Plaintiff even if the Plaintiff was aware of the listing, the Plaintiff would return the principal even if the Plaintiff was aware of the listing.”

However, in fact, since there was no import from June 201 to the employees, the Defendant was unable to pay 700 million won of the monthly salary for the purchase of unlisted stocks. In addition, even if the Defendant received money from the victims as the investment funds for unlisted stocks, it was thought that most of them were used to pay personal debts or consumed them as living expenses.

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