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(영문) 대전지방법원 공주지원 2017.03.10 2016고단288
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 144,470,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On March 17, 2014, the Defendant called the victim C on March 17, 2014, “The SamsungS is a good investment opportunity listed in SamsungS, and an investment of KRW 500,000,00,000 can be made 6 times after 3 months.

The transfer of money was changed.

However, even if the Defendant was to have invested in an option with a high risk of loss of money received from the damaged party, it was false that the Defendant would have made a false investment in stocks that would have been expected to yield high profits without explaining the risk of such investment and the possibility of loss to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Saemaul Treasury account in the name of the wife E, and by deceiving the victim as if he/she had concealed the investment fact of options and invested money in stocks, bonds, etc. over a total of 20 times from that time to December 17, 2015, and acquired money by deceiving the victim as if he/she would have invested money in stocks, bonds, etc., as shown in the attached crime list, and then, he/she received KRW 14,470,00 from the victim.

The Defendant, on September 6, 2012, shows the securities account in the name of the Defendant in excess of KRW 1 billion in balance to the victim G from the Defendant’s office, F. F. 507 around September 6, 2012, and “a large amount of money through internal investment.”

It is stable that the transaction of futures options can reduce the loss if it takes the hedge and does so.

(b) If an investment is made to B, 5% per month shall be paid each month.

“The phrase “ was false.”

However, the Defendant had already suffered a large loss at the time and had been urged by other investors to pay the investment money received from a new investor, and used the investment money received from an existing investor to pay the profits of the existing investors, and thus, it was thought that the Defendant was used to pay the investment money to the existing investors even if receiving the investment money from the damaged investor.

In addition, the defendant explained to the victim.

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