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(영문) 광주지방법원 2018.12.21 2018고단3938
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, from May 2010, was a person who was individually making an investment in stocks after retirement from the company, and around September 2014, was liable for approximately KRW 150,000,000 to the Gwangju Bank, etc., and approximately KRW 300,000,000,000,000,000,000,000,000,000,000.

1. On September 2014, the fraud Defendant returned the principal of stock investment funds to the victim before the D Agent located in Gwangju-dong-gu Seoul Special Metropolitan City around September 2014, and the proceeds will be half.

“A false representation was made.”

However, even if the defendant received the money from the injured party as the source of stock investment, he was thought to use it for his own repayment of his personal debt, and there was no intention or ability to return the principal or profits to the injured party by investing stocks.

Nevertheless, the defendant deceivings the victim as above, and he received a cash of 8 million won from the damaged person for the purpose of investing capital at the time of the above day and acquired it by deceit.

2. From February 27, 2015 to April 2, 2015, the fraud Defendant: (a) around February 26, 2015, around the D Agent located in Gwangju-gu, Gwangju-gu; and (b) around February 26, 2015, the Defendant would return the principal amount of the stock investment fund to the victim, and (c) half of the profits.

“A false representation was made.”

However, even if the defendant received the money from the injured party as the source of stock investment, he was thought to use it for his own repayment of his personal debt, and there was no intention or ability to return the principal or profits to the injured party by investing stocks.

Nevertheless, the defendant deceiving the victim as above and opened the Gwangju bank head and seal and password under the name of the victim, and additionally deposited the amount of 40 million won of loans granted as security to the victim's real estate, and then deposited the deposit in the Gwangju bank account under the name of the victim into the Gwangju bank account under the name of the defendant.

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