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(영문) 대구지방법원 2013.04.12 2012고단8759
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On April 2012, the Defendant: (a) at the Defendant’s futures option trading office, Daegu-gu, Daegu-gu, B 302, the Defendant sought as the introduction of the Defendant’s futures option trading office, and (b) “The Plaintiff was working in a securities company prior to domestic prices, and is making investment by inviting investors in the current futures option trading office; (c) at the present time, the Defendant returned the total amount of the investment amount after six months, and grants a dividend amount equivalent to 100% of the investment amount in addition to the investment amount. The Defendant may receive a profit equivalent to 100% of the investment amount in lump sum after the expiration of six months, or receive 10% of the amount of the investment amount from the following month, and may choose it. The Defendant explained to the effect that “The principal of the investment amount is safe due to the fact that the principal is different from the three stages and the maximum amount is not absolute.”

However, even if the defendant was invested in the above money from the victim, there was no clear measure to guarantee the principal of the victim, and therefore, it was unclear whether the defendant could obtain real profit, and it was plans to repay the invested money from other investors or to use it as office operating expenses.

Nevertheless, as such, the Defendant, by deceiving the victim and deceiving the victim, received money from the victim to E in the name of E on the fourth day of the same month from the victim, and acquired it, and also acquired it by fraud. From around that time to June 25, 2012, the Defendant received money of KRW 110 million through five times from the victim as shown in the crime list as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code among concurrent crimes.

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