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(영문) 대구지방법원 2014.07.11 2014고단2295
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

[2014 Highest 2295] Around January 10, 2012, the Defendant made a false statement to the effect that “A person was a former attorney-at-law, and is currently engaged in a securities company’s adviser, and an investment from 10 million to 100 million won may be guaranteed at least three times the investment amount if he/she made an investment from 10 million to 100 million won in connection with the trading of the state of operations, and a company’s shares of Switt, designated within the Republic of Korea, are transferred to swit.”

However, the Defendant did not have any intention or ability to guarantee more than three times the amount invested, even if he received shares from the victim, since the Defendant was able to sell shares after being transferred shares from the victim and use them for the agreed amount and university registration fees, etc.

Nevertheless, on February 6, 2012, the Defendant, by deceiving the victim, received from the victim the shares of 40,000 shares of the said “Switzerland” company, including 9,500 shares on February 7, 2012, and 75,500 shares at the market price of 49,500 shares from the victim, and acquired the shares by taking them over to the account of the Defendant’s securities.

[2014 Highest 2706] On May 9, 2011, the Defendant made a false statement to the effect that “The Defendant would make profits from 500% to 600%, if he/she will receive money for six months, from the victim E, who was aware of in the mutual influent coffee shop in Young-gu, Young-gu, Young-gu, Suwon-si, the Defendant talked with a dialogue window from D, an Internet stock site.”

However, even if the victim receives investment money from the victim, there was no intention or ability to pay high-rate profits as agreed.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the bank account in the name of the defendant under the name of the victim for the purpose of investment in the same place.

Summary of Evidence

[2014 Highest 2295] 1.

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