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Reasons
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(영문) 창원지방법원 2014.03.04 2013고단1172
사기
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1. The defendant A shall be punished by imprisonment with prison labor for not less than two years and six months and by imprisonment for not more than one year and six months;

2. Provided, That with respect to the defendant B, the defendant B.

Reasons

Punishment of the crime

[2013 Highest 1172]

1. On April 12, 2011, the Defendants concluded on April 11, 2011, that “The H sing shop located in G when the victim F was operated on April 11, 2011,” the Defendant made a false statement to the effect that “I will pay 4% profits every month from stock investment experts and return the principal after six months if I lend money to the Defendant. It does not see that only the shares are invested and that I will not invest in a futures option with high risk. Even if the Defendants suffered losses, I will be responsible for the Company, and the principal will be returned.”

However, in fact, the Defendants did not operate a stock investment company and did not have a stock investment specialist, and even from August 2010, the Defendants suffered loss of KRW 0,000,000 while making a stock investment from around August 201. Thus, even if they received money from the victims as a loan for stock investment, they did not have the intent or ability to pay the profits or return the principal.

As a result, the Defendants conspired to deception the victim as above and acquired 200 million won from the victim as a loan on April 12, 201, by transfer from the victim to the unsound account under the name of the Defendant A.

2. On June 17, 2011, Defendant A, at around 13:00 on June 17, 2011, invested KRW 100,000,000 in the Plaintiff’s shares of the flag of the flag of the flag of the Republic of Korea that she would make an investment, incurred a loss of KRW 28,00,000,000,000,000,000,000,000 in total and KRW 28,000,000,000,000,000 and KRW 28,000,000,000,000 were paid every month and returned together with the above KRW 200,00,000,00,000. Defendant B added the victim’s shares.

However, the defendants are victims for the same reasons as the above 1.

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