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(영문) 서울동부지방법원 2017.11.16 2017고단338
사기
Text

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

Reasons

Punishment of the crime

On January 22, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Gwangju District Court, and on October 5, 2015, the Defendant was sentenced to a one-year suspended sentence of imprisonment with prison labor for four months at the Suwon District Court for fraud, and on October 13, 2015, the judgment became final and conclusive on October 21, 2015. On April 21, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and that judgment became final and conclusive on August 21, 2017.

On November 10, 2015, the Defendant, as C representative director, is the Defendant, at the office of the Defendant located in Gyeonggi-si, Yangyang-gun, Gyeonggi-do, on November 10, 2015, “The Victim E and F, which is very likely to guarantee high profits to make an investment in futures option. In the gift, the Defendant will guarantee high profits to make an investment in rice, steel, grains, etc., and the principal shall be repaid within 12 months.

It will give 8% of the principal to high-income.

If profits are not paid within two months, the principal shall be paid immediately.

However, in fact, the defendant did not have any intention or ability to receive money from the victims for the repayment of obligations to other investors, and there was no other property, and thus, there was no intention or ability to guarantee high profit by receiving money from the victims for the purpose of investment in futures options.

The Defendant received KRW 20 million from the victim E through the Agricultural Cooperative Account in the name of C (G) on November 13, 2015, and KRW 30 million on the 19.12th of the same month from the victim F, and received KRW 100 million from the victim F through the said account, and had the victim E settle KRW 6.8 million with the credit card on December 25, 2015, and had the victim F settle KRW 15 million with the credit card on December 1, 2015, and around December 2, 2015.

The defendant deceivings the victim as above, and acquired property or pecuniary profits from the victims, which amount to KRW 180,180,000.

"2017 Highest 1438".

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