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(영문) 수원지방법원 안산지원 2015.11.19 2015고정1297
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 9, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on December 23 of the same year.

Around February 25, 2008, the Defendant conspired with B, and around February 25, 2008, at the foreign exchange futures office operated by the Defendant in Gangnam-gu Seoul, Seoul, the Defendant paid 4.8 million won per day to D for six months a total of 4.8 million won per 1.1 million won per day when he/she makes a false investment in trust with us to make a foreign exchange transaction and make it possible for us to make a big profit.

However, in fact, foreign exchange transactions have no intention or ability to return profits above principal even if they receive investment money because it is difficult to expect the failure of success.

As above, the Defendant, by deceiving the victim, received 8.8 million won around February 25, 2008 and 4.4 million won around March 4, 2008 from the victim under the pretext of foreign exchange investment transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of cash custody certificate related to the request for sale and purchase of foreign currency futures;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as written judgments and criminal records;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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