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(영문) 서울중앙지방법원 2021.01.15 2020고단5447
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

around April 2019, the Defendant: (a) at a restaurant located in Gangnam-gu Seoul Metropolitan Government, “Ac University management department is a certified accountant, working as a financial officer of a Japanese company, and manages D assets, etc.; (b) guaranteed the profits of at least 20% by investing money in stocks; (c) managed USD 184,589,000 (Korean Won KRW 226.5 billion) in which monthly salary exceeds KRW 100 million; and (d) received KRW 10 billion from the third village; (b) the principal loss refers to “Ac that is not known and made an investment,” and (c) the amount of losses from the damaged person is equal to KRW 10 billion on May 20, 2019; and (d) the same year.

6. The sum of KRW 10 million, KRW 10 million on November 1, 200, KRW 10 million on the 24th of the same month, KRW 10 million on November 18 of the same year, and KRW 80 million on the 22th of the same month, was remitted to a single bank account under the name of the defendant.

However, the defendant was not an authorized accountant, and only he was employed as an operator in Japan and did not have worked as a financial officer, and did not have been in charge of US$ 184,589,000, and there was no money received from the defendant's three villages, and even if he was paid money from the injured person under the pretext of investment, he did not have the intent or ability to guarantee the principal and pay 20% of the principal as profits.

Accordingly, the defendant deceivings the victim to acquire 80 million won as investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to B of a certificate of deposit transaction record, confirmation letter, the current status of possession of US dollars, the Kakao Stockholm dialogue, the details of the victim’s account transaction report (the details of KIKO securities transaction submitted by the suspect, the personal credit information reply data attached to the personal credit information reply data)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order under Article 62-2 of the Criminal Act, relevant legal provisions of the applicable criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, suspension of sentence of imprisonment, and the execution of sentence;

1. Scope of punishment by law: One month to ten years;

2. The scope of punishment recommended according to the sentencing criteria; and

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