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(영문) 광주지방법원 2018.07.12 2017고단5901
사기
Text

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

Reasons

Punishment of the crime

1. On June 23, 2009, the first fraud Defendant was engaged in foreign currency futures trading with an account opened in the name of his/her child because it was not opened even the foreign currency futures trading account in the name of his/her child due to bad credit standing. In a situation where there is no profit, even if he/she borrowed money from the damaged party, such as not making profits from the foreign currency trading, in the absence of an intent or ability to make a payment, the first fraud Defendant would be able to make up for the return rate of 20% to the injured party. “In order to not make an investment in foreign currency trading, only KRW 10 million shall be loaned to the injured party. At the same time, repayment would be made after one year if he/she borrowed KRW 50 million.

Until then, 8% per month is paid as interest.

‘Falsely speaking, it received KRW 50 million from the injured party on the same day as the borrowed money and acquired it by money.

2. On July 21, 2009, the Defendant continued to commit the second fraud, even though he did not have the intent or ability to repay to the victim as referred to in the preceding paragraph, at the F. F. F. F. F. F. F. E. F. F. H. Ma on July 21, 2009, the Defendant borrowed only KRW 50 million at that time, and repaid only for six months.

The purpose of this paper is to arrange all investors by making investors not to get any profit since investors are making foreign exchange gifts with a large amount of profits.

The interest on the loan of the money will also be 8% per month.

“Falsely speaking,” and deceiving the victim, on July 22, 2009, received KRW 50 million from the damaged person as the borrowed money and acquired it by money.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Partial statement of the witness D;

1. Part of the statement made by the police against D;

1. Investigation report (related to foreign exchange futures investment);

1. Each loan certificate, a certificate of check of deposit without passbook, a cash receipt, a cash receipt, an investment by a fX-E customer, a payment note, a loan payment note, a transaction statement, and each FX-E transaction statement;

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