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(영문) 수원지방법원 평택지원 2017.09.21 2017고단1013
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the Defendant did not have engaged in a business related to stock investment, there was no expertise related to stock investment, and there was a considerable loss due to stock investment, and futures investment has difficulty in recovering the principal of investment because it is more likely to cause principal loss than stock investment.

1. On December 2012, 2012, the Defendant is expected to make an investment in shares with money if he/she has invested money to the victim B of Masung-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Since it is expected to invest only in the superior week with less risk, the profit is nothing more than the bank interest rate, but the principal is clearly guaranteed.

However, as the Defendant planned to make a gift investment with the money received from the injured party, the Defendant did not have any intention or ability to return the principal normally to the injured party.

As above, the Defendant deceptioned the victim B on January 18, 2013 from the victim to whom he belongs, and acquired KRW 130 million in total under the pretext of transfer as investment money by receiving KRW 40 million on April 23, 2013, KRW 30 million from the victim, KRW 30 million on January 29, 2013, KRW 40 million on April 23, 2013, and KRW 30 million on August 4, 2014.

2. On November 1, 2014, the Defendant, by phoneing the victims C and D, who are the mother of the said B, to the victims, who are the father of said B, by means of the same method as that set forth in the preceding paragraph, led them to a transfer of KRW 98,920,00,00 on July 15, 2014, KRW 13,920,155 on November 21, 2014, KRW 50,000 on May 13, 2015, and acquired KRW 98,920,155 on May 11, 2015 from the victims as investments.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B or D;

1. The remittance statement, the screen of the mother’s stock investment, the details of KIKO securities trading, the details of three securities trading in the future, three hundred8-2009-2009-2009:

1. Relevant Articles of the Act concerning the facts constituting the crime;

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