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(영문) 인천지방법원 2016.07.14 2016고단1930
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 2014, the Defendant invested approximately KRW 200 million in futures and options with very high risk of borrowing money from one’s own money, while working for an insurance selling company, but failed to pay all the said money, and received money by making a false investment in a claim to pay a stable return on investment from the neighboring people, and used it for the repayment of personal debt and living expenses, and intended to make an investment in futures, options, and unlisted stocks.

1. On September 24, 2014, the criminal defendant against the victim C intends to invest the victim in the E coffee shop located in Seongdong-gu Seoul Metropolitan Government (Seoul) in the claims for which a stable yield is guaranteed.

H. In the case of an investment in safe cash, the Dactrine made a false statement to the effect that the principal will be guaranteed and that 12% of the annual income will be paid.

However, even if the Defendant received money from the injured party, the Defendant thought that it would be used in the repayment of personal debts, living expenses, futures, options, and investment in unlisted stocks, and there was no intention to invest in the bonds.

The defendant received 20 million won from the damaged person to the safe account in the name of the defendant immediately from the damaged person to the safe account under the name of the defendant, and acquired it by means of credit investment.

In addition, the Defendant, from around that time to July 3, 2015, acquired the total amount of KRW 88,80,000 through five times as specified in the List of Offenses (1).

2. On March 23, 2015, the defrauded Defendant against the Victim F is insufficient to invest funds in the Defendant’s claim amounting to KRW 120 million, the maturity of which is 100 million, at the Defendant’s office of the sixth floor of the Seoul Gangnam-gu Seoul Metropolitan Government G Building.

A false statement was made that 1,530,000 won equivalent to 6% of the face value of 1,530,000 won per share of investment will be remitted to the due date.

However, in fact, the defendant did not have a plan to invest in claims together with relatives, and even if he received money from the injured party, he shall pay the personal debt.

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