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(영문) 서울북부지방법원 2017.01.18 2016고단3550
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant will pay 30 million won to the applicant by fraud.

Reasons

Punishment of the crime

On December 31, 2007, the Defendant, at the 45-ro Seoul Mapo-gu branch office located in Mapo-gu, Mapo-gu, Seoul, and would make the victim C obtain a high profit by investing in the fund if he/she has a high futures trading license with the Seoul securities futures trading license.

“A false statement” was made.

However, the Defendant was not a private road in Seoul Securities Futures Trading in the absence of occupation at the time, and even if the victim did not receive money due to the lack of a futures trading certificate, there was no intent or ability to guarantee the profit by operating the fund.

The Defendant received from the injured party i.e., the remittance of KRW 20 million from tin for investment, and around July 11, 2008, the Defendant received KRW 30 million in total from E stores located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to receive KRW 10 million under the same name.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A copy of deposits without passbook, a detailed statement of investment, a copy of a letter of credit, a loan certificate, etc.;

1. Details of banking transactions;

1. A copy of the records of the victim;

1. Determination as to the defendant's assertion of investigation report (verification of the use of deceptive money)

1. In order to maintain the defendant's assertion-based relationship with the victim, the defendant did not deceiving the victim for the purpose of deceiving property, and the amount of KRW 10 million received from the victim on July 11, 2008 is received as the funds for preparations for marriage.

2. According to the above evidence, the defendant's investment in the fund is found.

It is recognized that the defendant was delivered KRW 10 million from the injured party on July 11, 2008.

In addition, inasmuch as the defendant made a false statement to the victim as stated in the above facts of crime and received money from the victim who believed it, the defendant was partly intended to maintain the relationship with the victim.

Even if there is no obstacle to the establishment of fraud.

3. Accordingly, the defendant's argument is reasonable.

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