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(영문) 대구지방법원 서부지원 2018.05.24 2017고단3118
사기등
Text

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

Reasons

Punishment of the crime

【Criminal Records】 On December 15, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Southern District Court for ten months, and the said judgment became final and conclusive on the 19th day of the same month.

[Criminal Facts]

1. On June 2013, the Defendant against the victim C and D purchased shares of KRW 20 million plus KRW 18 million deposited in the future and divided profits into 5:5, and the principal will be guaranteed in the middle-gu, Daejeon. The Defendant purchased shares of KRW 20 million and sold shares of KRW 18 million deposited in the future, with KRW 20,000,000,000,000,000,000,000 won, which is 10% of futures shares, at the mutual aesthetic restaurant where victims in the Jung-gu, Daejeon, Daejeon, were employed by the victims in the past and in the future in the future.

The phrase “ makes a false statement.”

However, in fact, the Defendant had worked in three times in the future and did not receive the investment money from the ship, and had been reported losses due to the investment in several times, and there was no ability to pay the profits as promised to the existing investors. Therefore, there was no intention or ability to pay the profits and principal as promised by the victims, such as continuing to attract the priority investment after the purpose of paying the profits to the existing investors.

As such, the defendant deceivings the victims, and is against them.

7.3. The victim C received KRW 5 million from the victim C, KRW 2 million from the victim D, in the name of the Defendant F, from the Defendant F, in the Agricultural Cooperative account (Account Number: G) in the name of the Defendant.

2. On June 12, 2015, the Defendant against the victim H is expected to pay KRW 32 million to the victim H by making an investment in stocks from the mutual influent PC room located in Daegu-gu, Daegu-gu, Seoul-gu, with the amount of KRW 30 million from June 12, 2015 to the victim H.

The phrase “ makes a false statement.”

However, even if the defendant borrows money from the damaged person for the purpose of stock investment, he/she shall pay the personal debt.

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