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(영문) 서울중앙지방법원 2018.01.17 2017고단6640
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on January 10, 2017, at “D” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, known to him/her.

E It is expected that Chinese government will purchase a large quantity of domestic white products in the near future due to a lack of domestic animal lebling, and if domestic white companies are able to supply them to China, the company's share price will be large.

However, even though it is not easy to fraud, the shares of the company can be easily considered through the domestic friendship that connects the Chinese government with the white company.

B. Around January 2017, 2017, the Defendant suggested that 300 million won will be issued stocks of the white company. The Defendant received 100 million won from the victim who responded to the above proposal as the passbook of a national bank in the name of E, and delivered 200 million won to E by receiving 100 million won from the Defendant’s mother G name bank to the Defendant’s mother G name bank.

1. On January 23, 2017, the defrauded may pay off the victim by telephone and text from the Defendant’s home located in Gangnam-gu Seoul, Seoul, to the victim “if the stocks of the white company are not promptly sold, a person may grow off.”

As soon as sending back to E, the remainder of 100 million won was false. However, even if the Defendant received additional money from the injured party, the Defendant merely thought that he would use it in his personal stock investment and living expenses, etc., and did not think that he would not deliver it to E, and thereby, the Defendant received 50 million won from the injured party via the passbook of the National Bank in the name of E on the same day, thereby deceiving the injured party to receive property.

2. The embezzlement of the Defendant received 200 million won from E to the passbook of the above G name bank as the investment in the stocks of the white company was not made at the home of the above Defendant on February 28, 2017, and received 200 million won of the purchase fund of the white stocks from E and kept them for the victim without permission for the same year.

3.6. The sum of 100 million won shall be withdrawn and I.

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