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(영문) 서울중앙지방법원 2013.06.26 2013고단1189
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B. The Defendants of the applicant for compensation are acquitted.

Reasons

Criminal History (Defendant A)

1. On May 201, the Defendant: (a) made an investment to B in a futures option from the luxed land on a daily basis; (b) made a direct investment; and (c) made a daily or every share of the amount of investment to others; and (c) made an investment; and (d) made a daily or every share of the amount of investment; and (d) made a distribution of profits to the investors, upon receiving an investment attraction and having made a settlement of profit and profit.

B, around August 201, after becoming aware of the victim E through F, etc. at the F, the Defendant introduced it to the Defendant, and the Defendant stated to the effect that, around August 2011, at the office located in Gangnam-gu Seoul Metropolitan Government Building 203, “The Defendant would pay KRW 20 million after six months if investing KRW 10 million in futures option, and the amount of investment in domestic futures option would be paid KRW 20 million after the lapse of six months. It is a structure that does not cause damage even to the extent of intending to cause damage, and it is a structure that does not mean that the absolute damage would not be considered as an absolute damage.”

In addition, around August 17, 2011, the above office stated to the effect that "the defendant would pay the victim earnings every week when investing in futures option, the principal shall be guaranteed, and the principal shall not be absolute damage."

However, although the defendant was able to see damage when investing in futures option, he did not explain the risk of investment in futures option to the victim at all, was invested in the defendant before the office operation expenses, card expenses and money received from other investors, and was planned to pay the defendant before the loss to the person who suffered losses and the existing investors. Thus, the defendant was able to pay the profits received from the subordinated investor to the senior investor.

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