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(영문) 서울동부지방법원 2014.06.19 2013고단2006
사기
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to the defendant C, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2012, Defendant A made a false statement to the head of the Tong bank and the security card for exchange transactions in the foreign exchange transaction office located in 303 of the building G before the Seocho-si, the early 2012 police officer, “If a foreign exchange transaction is recruited, and 30 million won is lent to the victim H, 5% per month in the profits from exchange transactions and 2.5 million won per month in the profits from exchange transactions. In order to make exchange transactions, the head of the Tong bank and the security card are required.”

However, in fact, Defendant A was expected to pay or invest money in a foreign exchange transaction with the victim prior to making an investment in the said foreign exchange transaction, and at the time, Defendant A was merely 40 million won for property such as deposit and deposit, while other debts were to bear KRW 100 million, there was no intent or ability to pay proceeds to the victim even if receiving such an investment.

Nevertheless, as above, Defendant A was issued a passbook (Account Number: I) and a security card in the name of the victim whose name 29.3 million won has been deposited at the seat of the victim, which was obtained by deceiving the victim and deducting 700,000 won as the interest of the victim from the victim.

On December 23, 2011, Defendant B made a false statement stating, “Around December 23, 2011, in the passenger car of Defendant B parked in the vicinity of the Bank of Synsan-gu, Syncheon-gu, Syncheon-gu, Seoul Special Metropolitan City, Defendant B, “A domestic and foreign exchange transaction is required and KRW 50 million is required. If 50 million is lent, 50,000,000 won is 5% interest per month and 50,000,000,000 won is returned and repaid.”

However, in fact, Defendant B received money from persons under the pretext of paying investment proceeds through the FX foreign exchange transactions without any particular property or income, but only losses are accumulated and no profits are generated.

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