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(영문) 서울중앙지방법원 2013.04.26 2013고합47
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant shall be punished by imprisonment with prison labor for one year for the crimes of No. 1 and No. 2, 3, and 5 as stated in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Power] On December 29, 2009, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on December 29, 2009, and the judgment was finalized on January 6, 201

[2013Gohap47]

1. On March 20, 2009, the Defendant found the victim F at the store operated by the victim in Kimpo-si G, Kimpo-si on and around March 2009, the Defendant stated that “In Korea, the victim knows it well with the president of the H of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the

However, even if it receives money from the victim as a share investment fund, it was only the idea of investing in the speculative share price index futures transaction without a plan to invest in the shares issued by the KH, and there was no intention or ability to make the victim gain high profits or to guarantee the investment principal through stock transaction.

Around April 26, 2009, the Defendant, by deceiving the victim, received KRW 6 million from the victim, through the account in the name of the Defendant, and received KRW 36 million from that time to August 20, 2009 through the same method, from that time, the Defendant received KRW 226.5 million in total over 36 times, as shown in the attached crime list 1.

2. Around July 16, 2011, the Defendant committed the crime against the victim J stated, at the Gangnam-gu Seoul Metropolitan Government Office of KK building title 707 (State)L, the Defendant stated, “If the Plaintiff purchases the shares issued by the MOS, which is the item to be registered, 70-80% in the short term, and 5 times in the long term, the Defendant would return the investment principal and the profits by August 31, 201.”

However, even if the victim receives money from the victim as a share investment fund, there was no plan to invest in the shares issued by the L/C in the speculative share price index futures trading without the plan to invest in the shares issued by the L/C, and the victim is a victim through share trading.

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