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(영문) 의정부지방법원 2016.08.18 2016고합162
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who is in charge of investment experts in interest-free stocks, and the victim E (V, 46 years old) is a person who engages in original short-term retail business.

On September 2014, the Defendant, at the F office located in Mapo-gu Seoul Metropolitan Government on September 1, 2014, was working for the said victim as “a player” in the field of stock investment and corporate acquisition, and purchased the public offering share at a higher price than the market price, and made profits from the market price by selling it.

A total of 1.2 billion won per share was purchased by purchase of Metho 40,000 won per share, and then the total of 1.2 billion won was at least 10 times now, and Metho Stockholm shares was disposed of.

At this time, it is scheduled to purchase other public subscription share at a container.

Since the guarantee of principal is clear and excellent, it will be left without fail.

If there is a surplus fund, the investment year was false.

However, in fact, the defendant was not a player of stock investment and corporate merger, but did not own 10 billion won stocks, and did not intend to use the money received from the injured party for stock investment, such as public offering and purchase of shares, and did not have any intent or ability to guarantee the principal of the invested and to leave the invested profits.

Nevertheless, the Defendant, as such, was issued KRW 80 million in total via six times as shown in the list of crimes in attached Form 2, from the time on February 4, 2015, including the receipt of KRW 100,000 from the damaged party to the new bank G account used by the Defendant as a share investment deposit, from September 16, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. A written statement of I and E;

1. The complaint, the details of each passbook transaction, each proof of each content, letters printed, the deposit transaction records in the Bank (J) Korea, the deposit transaction records in the Bank (K) and investigation reports (the complainant and the respondent).

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