(영문) 대전지방법원 2012.11.30 2012고단2378

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(영문) 대전지방법원 2012.11.30 2012고단2378

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

The defendant pays 30,000,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

[Attachment 2012 Highest 2378]

1. Around March 17, 2010, the Defendant made a false statement to the victim C by calling the victim C at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “Seoul”) to the effect that “In the event that he/she has invested in the stocks of Korea, he/she may see profits. If he/she invests KRW 10 million, he/she will give the principal and benefits after one year.”

However, the defendant did not have any intention or ability to return the principal and benefits due to the investment in the shares because he thought that he would use the money received from the victim as an individual business fund due to the lack of funds to start a new business at the time.

The Defendant, as such, by deceiving the victim, was remitted to KRW 10 million from the victim.

2. Around December 7, 2010, the Defendant called the victim C at the same place as the preceding paragraph and made a false statement to the effect that “I would lend money to the customers and receive interest from the customers because there is a need for a bareboat (VIP) investors to pay for it. (b) I would lend money to the customers if I want to pay money to the customers. I would at any time pay the principal to the customers at any time.”

However, since the defendant thought that he will use the funds for personal business in short of the provisions of the preceding paragraph, he did not have any intention or ability to lend the money from the victim to the securities company Bra (VIPs) customers and to receive interest.

The Defendant, as such, by deceiving the victim, was remitted to KRW 20 million from the victim.

[2012 Highest 3321] On May 31, 2010, the Defendant made a false statement to the victim E by calling a telephone from the French life insurance branch (VIP) to the victim E, that “The Defendant would make a temporary loan of money to the customers and receive 3% interest from the said people.”

However, in fact, the defendant borrowed money from the victim to improve the performance of the agency operated by the defendant.

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