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(영문) 창원지방법원 통영지원 2016.03.31 2015고단844
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 25, 2012, the Defendant, against the victim B, would create KRW 15 million by operating the victim B for a year when investing KRW 10 million in shares.

The principal will be guaranteed even if stock investment becomes a math, even if it is a stock investment.

“.....”

However, in fact, the defendant has to send the child support to his children with the income of KRW 1.5 million per month without any special property, and even if he has received the money of investment from the injured party due to the situation in which he had to pay the living expenses by proxy, he did not have the intention or ability to create profits by normally investing in the shares.

Nevertheless, the defendant deceivings the victim as above and acquired it from the victim, namely, from the victim, to the same securities account of the defendant at the seat of the victim.

2. On October 23, 2012, the criminal defendant against the victim E would have caused the victim E to be “F” in the above D around October 23, 2012, and his/her shares would have been changed to a casino company.

The transfer of money to the shares may be made within three months if it is well known. 5 million won is invested, which may be made within three months.

The principal will be guaranteed even if stock investment becomes a math, even if it is a stock investment.

“.....”

However, in fact, the Defendant was fully aware of the fact that it is difficult to guarantee the principal amount of investment, and the said shares were not clear enough to allow the said shares to make a double profit. If the said shares did not create profit, the principal of investment received from the victimized party would not have been repaid otherwise. Since some of the said investments were thought to be used as living expenses, there was no intention or ability to create profits and guarantee the principal amount of investment even if receiving the investment from the victimized party.

Nevertheless, the defendant deceivings the victim as above and, in other words, he obtained five million won from the victim to the same securities account of the defendant from the victim.

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