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(영문) 대구지방법원 2017.12.15 2017고단5732
사기등
Text

Defendant shall be punished by imprisonment with prison labor for a year of October and fine of KRW 5,000,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 3, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court on December 3, 2015, and the execution of the sentence was terminated at the Daegu Detention House on December 20, 2015.

1. The fraud Defendant is between the victim D and the victim from April 2016, and the relationship between him/her and his/her annual relationship.

On May 2016, the Defendant: (a) made the victim’s shares in the past and paid the amount of KRW 100 million to the victim.

In four names, the head of the Maspbook will be created to manage the head of the Maspbook on the face of the week and make investment in stocks by withdrawing money.

Even if the damage is incurred, the principal shall be repaid with no condition, and half of the profits shall be paid.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant did not have earned 100 million won as a result of stock investment, and did not have expertise in stock investment, and did not have any particular property, so the Defendant did not have the intent or ability to guarantee the principal of the victim, and was thought to use it as gambling funds without making most stocks investment.

Around May 16, 2017, the Defendant received a passbook of KRW 97 million from the victim to November 15, 2016, the Defendant obtained a total of KRW 96,98,517 from the victim, and subsequently acquired KRW 205,278,517 as shown in the attached Table 1 for the crime from around that time to May 25, 2017.

2. From May 28, 2016 to July 7, 2017, the Defendant sent KRW 362,052,990 in total to 509 times from the Defendant’s Saemaul Depository Account, as shown in the attached Table 2 of the Crimes List 501, in order to connect the F building 501 where the Defendant residing in Daegu Dong-gu, Daegu-gu, to “G” or “H”, a mobile phone or computer, with an Internet gambling site, and to charge game money to be used for gambling. The Defendant wired KRW 362,052,990 to the Defendant’s Saemaul Depository Account, as in the attached Table 2 of the Crimes List 2. The Defendant used game money charged with the money.

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