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(영문) 광주지방법원 목포지원 2013.12.19 2013고단1313
사기등
Text

The imprisonment with prison labor for the accused shall be determined by one year and three months.

The defendant shall obtain money from the applicant for compensation 19 million won.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around May 4, 2012, the Defendant: (a) committed fraud (1) against the victim D(27 years old); (b) on the part of the Defendant, the Defendant worked as a site store for a securities-related branch in the future to the victim D, who is a senior high school; and (c) on the part of the victim, the Defendant stated that “A program trading that is under its management, is a product. The unit is 10 billion won, and a product that returns about 5% of the investment amount to investors in a month. However, the product currently under its management has an earning rate of 7-8% of the investment amount in a month. If the product is friendly, the Defendant would make profits as is.”

However, in fact, the defendant did not work as an employee of the future three securities and did not have any intention or ability to reduce the amount of profit which the victim promised even if he received an investment from the victim because there was no fact that the defendant did not manage the program trading goods.

The Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the Defendant’s Korean Investment Securities Account (Account Number: E) on the same day.

(2) On May 18, 2012, the Defendant stated that “When investing KRW 26 million to the victim D, it would give rise to KRW 45 million after one year thereafter.”

However, in fact, the defendant has a personal experience in investing several times of shares, and the defendant did not have an intention or ability to return the same profit as the victim promised even if he received the investment money from the victim because he did not have worked in the future securities as set forth in the above (1).

As above, on May 18, 2012, the Defendant deceivings the victim and deceivings it from the victim, KRW 2.5 million with the Korean Investment Securities Account (Account Number:F) in the name of the Defendant on May 30, 2012, KRW 1.5 million with the Korean Investment Securities Account (Account Number:F) in the name of the Defendant on May 30, 2012, KRW 1.5 million with the IBK Bank Account (Account Number: G) in the name of the Defendant on June 26, 2012, and Korea Investment Securities in the name of the Defendant on June 29, 2012.

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