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(영문) 서울서부지방법원 2016.02.03 2014고단324
사기등
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

The Defendants are liable to each applicant C for compensation.

Reasons

Punishment of the crime

1. The Defendants’ joint crime committed on January 2012, 201, and the victim C made an investment in the management of foreigners on the securities in Yongsan-gu Seoul Metropolitan Government E Apartment 101 Dong 2302, and the victim C.

It is expected that KRW 100 million will be operated safely in the securities instead of face value and pay interest of KRW 5% per month.

In addition, the principal will be returned immediately before the end of one to two months.

The phrase “ makes a false statement.”

However, even if Defendant A was paid the above money from a victim who retired from his/her position on August 26, 201, he/she did not have the intent or ability to make an investment in the product operated by the alternative securities and did not have the intent or ability to guarantee the principal of the investment.

The Defendants conspired to induce the victim as above, and received a total of KRW 15 million from the Defendant’s house in cash, and received KRW 85 million from July 17, 2012 to the new bank account in the name of the Defendant B on two occasions, including: (a) the Defendants were to receive KRW 100 million from the victim’s early January 2012.

2. Defendant A’s crime;

A. On August 2012, 2012, the Defendant was serving in the victim D’s house located in Daegu Felon, and through G, “A is serving in substitute securities” for the victim.

If A pays money to A, it is difficult to make an investment in a place where risk burden, such as funds or shares, is borne.

The principal shall be returned if the principal is paid at the end of three months, and 5% of the monthly profits may be paid.

The phrase “ makes a false statement.”

However, even if Defendant A was paid the above money from a victim who retired from his/her position on August 26, 201, he/she did not have the intent or ability to make an investment in the product operated by the alternative securities and did not have the intent or ability to guarantee the principal of the investment.

The defendant deceivings the victim as above, and thereby his deceivings the victim to the new bank account in the name of the defendant from the damaged person to KRW 50 million around August 16, 2012.

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