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(영문) 서울남부지방법원 2017.11.30 2017고정278
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated a Kakao Stockholm room against a member of the said club as “B” share investment and had access to the victim C while doing so as to make high-profit profits through a stock investment. On joining the said room, the Defendant attempted to acquire money under the pretext of subscription fees, etc. by deceiving the victim as if he could also receive information on stock investment and bring high-profit profits to the public.

On September 25, 2015, the Defendant received a proposal from the Samsung Securities Co., Ltd., and won a prize in the stock cross-market.

Afterwards, there is a D Association, which is a specialized organization for stock investment, and investments in the items managed by the Association, profits of 100 percent to 500 percent may remain.

In concluding that “Stock Investment” was recommended to pay a certain amount of entrance fee to the Kakao Stockholm room operated by it, and to join the said room.

However, the Defendant did not have received a scar-out proposal from Samsung Securities or won a prize in the scar-out competition, and the said D Association was an organization that did not actually exist, and even if the Defendant received money from the injured party under the pretext of the subscription fee for the above room, there was no intention or ability to provide the victim with the securities information that could yield profits as above.

Nevertheless, the Defendant, as seen above, received 3,300,000 won from the injured party on September 25, 2015 as the entrance fee for the above room from the injured party on September 25, 2015, and received 3,000 won from that time on October 23, 201, and acquired 5,690,000 won in total from October 23, 201.

Summary of Evidence

1. Each police statement protocol against C and E;

1. Complaint;

1. Photographs of each Kakao Stockholm course;

1. A receipt for account transfer;

1. Application of Acts and subordinate statutes to the enterprise bank account (F) transaction statement;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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