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(영문) 대구지방법원 서부지원 2012.07.27 2012고단605
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant served as a staff member of B insurance company from January 2, 2006 to October 2007 and as the head of C’s headquarters, an insurance agency, from January 2008 to October 2008. From November 2008, the Defendant operated (State)D as an investment company from November 2008, and received investment money, etc. from the financial product that is able to make investments only to the employees of B, such as the Gu, on the ground of the above financial work experience, and received investment money, etc. and made a personal loan or made a share investment. Some of the Defendants were willing to use it for the cost of living.

1. On April 20, 2007, the Defendant made a false statement to the victim E that “There is a financial product with which only B employees may join” at the instant coffee shop near the Daegu Seo-gu F High School. The Defendant made a false statement to the effect that the Defendant would give profit equivalent to 20% of the investment amount by investing the investment in the said product on the face of the State.”

However, even if the Defendant received an investment from the victim, he did not intend to make an investment in the said B financial instruments, and there was no intent or ability to pay the above profits because he did not intend to make a personal loan or make a stock investment by receiving the investment money.

Around that time, the Defendant received KRW 20,000,000 from the victim around May 30, 2007 and received KRW 68,00,000 in total from that time to April 24, 2009 as shown in Table 1 attached hereto, from that time.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim G;

A. On November 1, 2007, the Defendant stated that “If there are financial products to which only B employees are available, the Defendant would make an annual investment in the product and pay a profit of 20% per annum to the victim G” at the B office located in Daegu-gu, Daegu-gu, Seoul-gu, that “if there are financial products to which only B employees are available, the Defendant would make an annual investment.”

However, the defendant has invested money from the victim.

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