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(영문) 서울중앙지방법원 2018.08.14 2018고단2468
사기
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. Fraud against the victim C;

A. On December 21, 2015, the Defendant entered into an investment fund fraud related to exchange marginal profits with the victim C in the “E” office operated by the Defendant of 10th floor of the building in Gangnam-gu Seoul Metropolitan Government, “E is engaged in foreign exchange transactions in the form of selling home gifts, options investment, and USDs. This does not necessarily cause any absolute damage because it engages in transactions using Schlage computers located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

B. Upon making an investment, US dollars was generated from the accident exchange marginal profit using this computer, and 3% of the monthly profit can be reduced compared to the investment, and the principal would be guaranteed, and the principal would be paid to Na.

However, at the time, the Defendant did not have any personal assets in the state of bad credit standing in which only 350 million won was borne by the Defendant, and even though he did not directly experience the Defendant’s confirmation of the existence of Schlage computers or the occurrence of exchange marginal profits by using Schlage computers, the Defendant did not recover the investment amount at all due to most of the damages incurred to the F, and even if he received the investment amount from the victim C, even if he did not receive the investment amount, he could guarantee the victim’s profit by 3% per month or guarantee the principal of the investment.

As above, the Defendant: (a) by deceiving the victim; and (b) received a total amount of KRW 210,400,000 from the victim’s account in the name of the Defendant on December 23, 2015; (c) KRW 60,000,000 on January 22, 2016; (d) KRW 170,000 on May 9, 2016; and (e) KRW 74,00,000 on August 1, 2016; and (e) KRW 5,00,000 on five occasions, including KRW 21,40,00 on November 25, 2016.

B. The Defendant involved in a new renewable energy-related waste disposal project is Seoul Gyeongman on December 2016.

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