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(영문) 대구지방법원 2014.11.21 2014고단521
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person widely known as a stock investment expert via the Internet by operating “D” and operating a program “E” from the Korean Economic TV on the Internet following the website.

On March 2008, the Defendant stated, “When receiving money from the victim F, the Defendant would incur profits by investing in the shares and guarantee the principal.”

However, even if the defendant received money from the victim, he did not intend to guarantee the principal.

The prosecutor charged the Defendant with deception of this part of the facts constituting the crime, including the part that “the Defendant had no intent to invest in the shares as a plan to use the investment funds received from the victim as compensation for losses to investors in other shares.” However, according to the Defendant and witness I’s each legal statement, evidence No. 5 (Evidence No. 40 pages), reply to this court’s order to submit financial transaction information to Han Bank Co., Ltd., the Defendant received KRW 10 million from the victim under the name of H on April 10, 208, KRW 10,000,000 won on April 12, 19 of the same month, KRW 250,000 won on the same account, KRW 250,000 won on the one hand, and KRW 80,000 from the same account under the name of M& 4,500,000 won on April 11, 2008, which was a 200,000 won from the account.

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