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(영문) 춘천지방법원 원주지원 2019.09.18 2019고단574
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 2018, the Defendant introduced the victim B with an average return rate of return on his own from the 10th of the 10th of the nation to the experts of the stock investment, presented virtual accounts, not the actual stock account of the smartphone stock display, and “an investment made out of approximately 12 billion won from investors, and the dividends paid to investors each year shall not be less than two billion won. For a two-year-year-end investment, 5% of the monthly investment amount shall be paid as dividends, and the principal shall be repaid two years later.”

However, in fact, the defendant's account presented to the victim was virtual account, and there was no fact that 12 billion won was invested from investors or more was paid with profits exceeding 2 billion won each year from investors, and the defendant was constantly reporting losses in the course of credit trading focused on themean, and he thought that he would pay dividends to the existing investors with the investment funds received from the victim. Therefore, even if he received the investment funds from the victim, he did not have the intent or ability to pay profits continuously by investing in the shares and redeem the principal.

Nevertheless, the Defendant, as such, by deceiving the victim, received 80 million won from a bank account (Account Number: E) in the name of the Defendant from the victim, and received 190 million won from three victims over three times from around that time to November 7, 2018, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

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

1. The police statement concerning F;

1. Complaints, respective borrowing certificates, copies of each passbook, recording records, personal credit information meetings, and reports on investigation;

1. Application of statutes concerning criminal records;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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