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(영문) 대구지방법원 2014.07.18 2013고단6360
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 28, 2013, the Defendant recommended the victim D to make foreign exchange investments in the Daegu Dong-gu, Daegu-gu “Eban” operated by the victim D, the Defendant made a false statement to the effect that “In the past, the head of a bank branch in the past, at the present time, he/she is able to pay 10-20% of the principal within 3-4 days from making an investment in the foreign exchange margin, and to guarantee the principal.” Although the investment loss incurred later, even though the investment loss could not be refunded, the Defendant made a false statement to the effect that “the foreign exchange vehicle movement is fine and thus, it may obtain more profits if it is invested.”

However, the defendant is not only without any one head of the bank branch, but also has no way to guarantee investment returns, and there was no way to guarantee investment returns, and there was no intention or ability to guarantee principal due to continuous investment losses.

Nevertheless, the Defendant, as such, received a total of KRW 63 million in cash from the victim on March 28, 2013, as shown in the separate sheet of crime, by June 7, 2013, as shown in the separate sheet of crime, by deceiving the victim and receiving KRW 5 million in cash from the victim under the pretext of investment.

Accordingly, the defendant, by deceiving the victim, received property equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Complaints, advanced investment securities trading details, community credit cooperatives, transaction details, loan certificates, loan certificates, Daegu bank trading details, current status of advanced investment securities balance and transaction details, community credit cooperatives trading details, post office trading details, community credit cooperatives, community credit cooperatives, post office trading details (F), and investigation reports;

1. Previouss before ruling: A copy of each commission and each written opinion (including 181 pages);

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