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(영문) 서울남부지방법원 2012.02.15 2011고단1499
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was sentenced to a two-year suspension of imprisonment for a crime of fraud in the Busan District Court’s Vice Branch, and the above judgment became final and conclusive on February 29, 201. On February 11, 2011, the Seoul Central District Court sentenced a two-year suspension of imprisonment for a crime of fraud at the Seoul Central District Court for eight-month suspension, and the above judgment became final and conclusive on the 19th of

On December 1, 2008, at the D coffee shop located in Seocho-gu Seoul, Seocho-gu Seoul on December 1, 2008, the Defendant has information that one of Korean conglomerates merges with another company upon the lapse of two to three months.

By the end of March, 2009, shares may be punished for a total of KRW 00 million by up to the end of March 200;

In addition, the domestic government is involved in the scrap metal business, and the business also enters 1.8 billion won;

If you invest KRW 100 million, you will preserve the principal and create KRW 300 million.

The term "assumed" was referred to.

However, even if a victim with no experience or knowledge in stock transaction is an expert in stock investment, he/she believed that he/she would repay the principal to the victim with the proceeds of the scrap metal business even if he/she failed to make an investment in stock investment, thereby investing in part of the stocks by receiving funds for purchase of stocks from the victim. A part of the investment was planned to make an investment in a futures option with a high risk, not a stock investment expert, but a large-scale subcontractor's merger information was not verified, and even if he/she was operating a scrap metal business at the time, there was no intention or ability to repay the principal to the victim if he/she failed to make an investment.

Nevertheless, the Defendant, as above, received a total of KRW 105,639,000 from the victim on December 1, 2008, by December 5, 2009, such as deceiving the victim and receiving KRW 10 million from the victim on or around December 1, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including E statements);

1. Each investigation report, account number of the suspect, and

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