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(영문) 부산지방법원 2018.01.23 2017고단3523
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on October 31, 2014.

"2017 Highest 3523"

1. Fraud to victims E;

A. On May 30, 2013, the Defendant acquired investment money to the effect that “When investing KRW 30 million in derivatives, 1.5 million per week shall be paid to each party,” the Defendant pretended the victim to be the representative director of the derivatives investment company through G at the office located in Ulsan-gu, Ulsan-gu, Seoul-gu, as of May 30, 2013.

The Defendant was transferred from the victim who believed this to the Defendant’s deposit account in the name of the Saemaul Treasury in the name of the Defendant to KRW 5 million on the same day, and KRW 30 million on the 31st of the same month and around KRW 25 million on the 31st of the same month.

However, at the time, the Defendant was not in operation of derivatives investment companies, as well as the Defendant was involved in derivatives investment. As above, the amount of KRW 10 million out of KRW 30 million was planned to be used for the Defendant’s personal debt repayment, etc. rather than derivatives investment purpose, and there was no particular property or income, while there was no intention or ability to normally pay such profit even if the Defendant received an investment from the damaged party due to difficult economic circumstances, such as having a large amount of debt.

Accordingly, the defendant was given property from the victim by deceiving the victim.

B. The Defendant, on June 11, 2013, calls the victim at the I resting Place located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and calls the victim for “I will be able to gather money at the present time with good national games.”

It was discussed to the effect that it is "a loan of 50 million won, which is written only in the mold, to return."

On the same day, the Defendant was remitted KRW 50 million to the deposit account as stated in the said paragraph on the same day from the victim who believed that he/she was aware of it.

However, at the time, the defendant was difficult to do so as described in the above paragraph, and as above.

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