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(영문) 서울중앙지방법원 2017.11.30 2017고합593
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged in the instant case was a person who operates a regular restaurant with the trade name of “H” in Gangnam-gu Seoul, Seoul, and was aware of the victim F of the cafeteria previously operated.

A. On March 2016, the Defendant committed the crime of defraudation of 50 million won, such as a borrowed money, shall have 100% money to the victim, as the Defendant entered the victim with accurate information about the shares, following consultation with a securities company’s specialized team.

There is no concern about the issue of the principal guarantee.

In the middle, it means to the effect that the business fund may be reduced to 20 days, if necessary, within 10 billion won, to lend money to the victim to make an investment in stocks. On April 27, 2016, the victim made a telephone call to the victim on the day of April 27, 2016, and continued to do so.

During this framework, 20-30% of profits will be viewed as shares.

First, 50 million won is sent to the account.

different types.

It is difficult to look at too much of the stocks if it is about 10 times due to the listed stocks at present.

The phrase “ makes a false statement.”

However, there was not a situation where the share price was rapidly rise at the time of fact, and the defendant did not have any intent or ability to pay the principal and high interest, even if he received the money from the injured party, as agreed by the injured party.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 50 million from the victim under the pretext of a loan, etc. around April 27, 2016.

B. On May 2016, the Defendant, by telephoneing the victim on a nominal 500 million won (such as a borrowed money), can use the victim’s benz at least KRW 4000-500,000, and IMW (BM) at least KRW 70,000,000,000.

When receiving money, it is why you leave the value of one motor vehicle within one month as a stock.

There is a surplus money, it is sent to the test.

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