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(영문) 서울중앙지방법원 2017.11.02 2017고단5035
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From February 2016, the Defendant had from around 2016 to the victim C (n, 47 years of age) and the related relationship, and had the victim run a fund of approximately KRW 1.5 billion in size as the fund manager, and had approximately KRW 350,000,000 in size.

The re-fluence, such as “,” was committed.

around March 8, 2016, the Defendant: (a) around March 8, 2016, the victim “in Korea is a fund manager; and (b) the funds of KRW 1.5 billion are managed together with five partners.

If investment is made in the fund of 100 million won due to high return rate of profit, the principal will be guaranteed and the monthly income will be paid in 200,000 won per month corresponding to 2% of the principal.

The phrase “ makes a false statement.”

However, in fact, it did not operate a fund with a partner, was thought to make an investment in futures and options with a higher risk than stocks, and when investing in futures and options, even if receiving money from the damaged party, there was no intention or ability to guarantee the principal and to pay the profit of KRW 2 million per month.

The Defendant received 100 million won from the injured party to the new bank account in the name of E, his father on the same day. From around that time to December 13, 2016, the Defendant received a total of KRW 163,003,200 from the injured party, such as the statement in the list of crimes in attached Form Nos. 163 to December 13, 2016.

Accordingly, the defendant deceivings the victim, thereby deceiving 163,003,200 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Part C of the protocol concerning the interrogation of the suspect against the defendant in the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on details of financial transactions, borrowing certificates, search and inspection warrants and replies;

1. The scope of recommendation [the scope of recommendation] of sentencing guidelines under Article 347(1) of the Criminal Code for criminal facts and Article 347(1) of the Criminal Code for the selection of punishment [the scope of recommendation] is the mitigated range (not less than KRW 100 million, less than KRW 500).

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