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(영문) 광주지방법원 순천지원 2017.06.08 2016고합253
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The defendant is a person in charge of the sales of securities trading and other financial instruments while working as a vice head in the loyalty office at CF branch office.

"2016 Gohap 253"

1. On November 4, 2008, a false statement was made to the victim D and 39 persons who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the fraud Defendant stated that “The victim D may pay high profits if they make an investment in derivatives, such as futures options, and will guarantee principal.”

However, even if the Defendant received money from the victimized party, the Defendant could not charge profits due to the nature of investment in derivatives such as futures options. As above, the Defendant intended to use the money received from the victimized party for an individual purpose, such as investment in stocks or one’s own living expenses, etc. other than derivatives. Since around 2014, the Defendant paid the profits to the existing investors with new investment funds, and there was no intention or ability to guarantee the principal or profits even if he received money from the victimized party as investment funds.

As such, the Defendant deceiving the victim and received KRW 50,00,00 from the national bank account (F) in the name of the Defendant on the same day as investment money from the victim, and from around October 13, 2016 to around October 13, 2016, stated that the charged facts of the victim 39, such as the victim’s list 1 in attached Form 2, “37,” as the victim’s list 39 in attached Form 1, is stated as “the victim’s 39,000,000,” but the revised bill of crime and the evidence record in the indictment are confirmed to be 39, the above statement is a total of the victims,

The total amount of KRW 9,167,259,774 was remitted from 733 times in total.

Accordingly, the defendant, by deceiving the victims, took each part in the property.

" 2017 Gohap 65"

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim G is working as the vice head at the female branch of C.

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