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(영문) 대구지방법원 서부지원 2018.08.30 2018고단685
사기
Text

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

Of the facts charged in the instant case, the fraud as to C is acquitted.

Reasons

Punishment of the crime

[Crimes with Victims D, E, and F] On December 2, 2012, the Defendant made a false statement to the victims D, E, and F, a workplace partner, who was working at the H discharge station located in Seo-gu Daejeon Daejeon, Daejeon, to the effect that “this fact is an expert in futures option trading by working for more than 10 years at a nominal futures option investment company, and is holding a futures option loan account in the name of the company, such as kid securities, and the principal is responsible for and operated for making an investment.” The Defendant made a false statement to the effect that “I will guarantee without loss and pay every day high-rate investment profits.”

However, at the time of fact, the Defendant did not have worked in the futures option investment company, and was willing to receive investments from the victims to make a high-class futures trading amount, and was willing to make a return of the investment funds received from the victims as profits. Therefore, even if receiving investments from the victims, the Defendant did not have the intent or ability to guarantee the principal and pay high-rate profits every day.

The Defendant acquired money from the victim D on January 14, 2013 by transfer of KRW 5 million, and acquired money from three victims over 12 times from January 14, 2013 to June 24, 2013, such as the list of crimes in the attached Table.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. A criminal investigation report (a detailed statement attached to a bank passbook in Korea), details of transactions, certificates of deposit transaction records, details of each account transaction, copies of passbook, and letters;

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

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, are as follows: (a) the Defendant, on a six-month basis, KRW 85 million against the victims.

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