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(영문) 서울남부지방법원 2013.10.16 2013고단2291
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around August 22, 2007, the Defendant, who was the employee of three branches in the future, said that at the future three branches in the 15th floor of the Seoul Gangnam-gu Seoul Metropolitan Government D D Building, “A victim E has been holding shares, has been making investments within the friendly Gu, would have made profits remaining after one year, would have made profits remaining after one year, and would have made profits remaining after one year from among the profits.”

However, the fact is that the defendant was not more than four months after the commencement of investment in stocks, and the investment amount is more than 5.8 million won, and even if he was unable to receive the investment amount from the victim by taking account of the loss, the defendant did not have the ability to keep the profit. As a result, the defendant solicited the victim to make an investment in stocks for the purpose of raising the funds for investment in stocks.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim’s new bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act on the Records of Statement E to the police interrogation protocol of the accused;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the fact that the criminal records of the same kind are committed by the accused once, deposit of 4 million won out of the amount of damage, and the fact that investment in stocks is likely to cause principal loss) or more of the Criminal Act;

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