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(영문) 서울중앙지방법원 2014.12.12 2014고단7357
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person who has sold a clothes at a street store around the C market without a certain occupation.

1. Fraud against victim D (n, 56 years of age);

A. A. On December 2008, the Defendant acquired a nominal loan loan such as special corporate bonds, etc. from the F Office of the Victim’s Office in Seocho-gu Seoul Metropolitan Government, the “special corporate bonds” under the Act does not exist, and the “special corporate bonds” is not sufficient to trade corporate bonds or stocks, and even if the Defendant borrowed money from the victim because there is no possibility or intent to create profits from the purchase of the bonds or stocks. At that time, the Defendant did not have the capacity to purchase the bonds or stocks, and then, he was aware of the victim through G (Death of October 30, 2009) by acquiring the bonds of special corporate bonds if he borrowed money to the victim, and would raise 5 times or 6 times the principal amount after five months after the purchase of the stocks of the company to be listed immediately. “In reliance on it by falsehood, the Defendant was 6700,000 won by mixing the cashier’s checks with the cashier’s checks and 1 million won cashier’s checks from the victim’s place in truth.

Since then, the Defendant received 4 million won from the victim who believed to be true, on May 7, 2009, at the same place as above, the victim re-ended to the victim as follows: “I have difficulty in supervising the Financial Supervisory Service, 4 million won should be added, 4 million won should be added, and 4 million won should be changed additionally,” and the victim believed to be true.”

As such, the Defendant, by deceiving the victim, acquired a total of KRW 107 million from the victim as a loan for the purchase of special corporate bond securities, etc.

B. On April 28, 2009, the Defendant shall have the ability to repay the profits earned from the Defendant’s occupation without any special property in the name of the Defendant, even if the Defendant borrowed money from the Defendant’s mother and child to cover living expenses, unlike the promise, even if he borrows money from the victim.

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