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(영문) 서울동부지방법원 2012.12.28 2012고합274
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged [the motive and method of committing a crime] The Defendant: (a) invested KRW 600 million around August 19, 2008 and KRW 200 million around December 16, 201 to G (the appellate court found guilty on September 26, 201) (the period of office: March 2001 to October 201) in the F (the period of office) of the head of the Foreign Exchange Strategy Team division; (b) obtained profits from the investment of KRW 400 million around August 19, 2008; (c) brought the victims H, a university creator, to a futures investment, who is a university creator, to obtain more profits; and (d) actually used only part of the amount invested by the victim for a futures investment, and was willing to use it as a part of the amount invested by the Defendant or for personal use.

The defendant, around February 2009, has been interested in futures investment by the victim, and the victim is unable to drive the farmland while he/she has been interested in the investment in the gift, and the victim is recommended to make an investment in the gift when he/she is recommended to do so.

I would like to suggest that I would be able to distribute the profits from the victim's investment to B as he would bring about the profits from the J's futures investment, and I would be able to obtain consent from G to obtain money as a futures investment in order to repay the losses.

[Fact that constitutes a crime] Around March 2009, the Defendant was punished by KRW 00 million by investing in futures through G in the victim in the Chinese restaurant L in Gangnam-gu Seoul, Seoul.

Cr may impose money on G with a gift investment.

Dr's investment funds shall be less than the amount and width shall not record telephone orders at each time of transaction, so it is possible for a sports player to make an investment using the F account in his name.

Dr's investment funds are operated separately from the nominal accounts in the name of the F, so it is not likely to be mixed with the investment funds in the Republic of Korea.

The phrase “the phrase was false.”

However, even if an investment money is transferred from the victim to the defendant's single bank account under the pretext of futures investment, it is out of the victim's investment money without the victim's intent to deposit the full amount of the investment money into the defendant's F account managed by G with the victim's investment

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