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(영문) 울산지방법원 2017.03.17 2016고합316
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[Fact-finding] The Defendant, from July 2012, received through the branch C from the Defendant from the branch C, received “A” and “A” to the victim D and E, who received a gift option trading investment, and incurred a stable profit without loss.

“....” In doing so as to be an investment expert in futures option, the victims were required to be an investment in futures option trading through several times, and the victims and C received an investment in futures option trading around December 24, 2012.

Accordingly, the Defendant received from the victim D a certificate of the public certificate of the securities account in the name of the victim, and made a gift option transaction with the victims and C using the Home Trading System (HTS) through the Home Trading System (HTS) and received 35% or 45% of the profits from the victims in return for the transaction.

Meanwhile, the victims could not calculate the return on profit, etc. due to lack of knowledge of futures options. However, since the right to withdraw funds was only vested in the victims with the knowledge of the secret number of withdrawal of funds from the securities account, the Defendant prepared and sent the profit settlement statement by calculating the return on profit, earnings, dividends, etc. on the second day of each month, which is the date of option maturity, the victims decided to transfer dividends to the Defendant, etc. according to the dividend details stated in the profit settlement statement.

[2] The victims of criminal facts indicated in the facts charged around December 24, 2012 as the " around December 26, 2012," but they seem to be erroneous.

From March 12, 2015 to December 12, 2015, their own funds amounting to KRW 2.629 billion and KRW 1.4771 billion borrowed from the victims to the above securities account, and C deposited KRW 100 million to the above securities account, and C deposited the above securities account, thereby allowing the Defendant to conduct futures option transactions with the above funds.

The Defendant stated in the facts charged around December 26, 2012 as “ around December 27, 2012,” but it appears to be a clerical error.

from Ulsan Nam-gu.

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