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(영문) 서울중앙지방법원 2016.08.12 2015고합680
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant pays 250,000,000 won to the applicant C, which is obtained by fraud.

Reasons

Punishment of the crime

"2015 Gohap 680"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to investment, and fraud, around July 2010, the Defendant developed a “OS 200 index futures option program” and invested in a futures option, but continued to compensate for the existing investors’ profits and principal due to the occurrence of damage equivalent to KRW 1,50,000,000 on August 8 of the same year, and subsequently, was unable to compensate for the existing investors’ profits and principal. As such, the Defendant was able to receive funds from the victims under the pretext of investing in the “OS 200 index futures option” and intended to use the funds for repayment of the principal of investment or payment of profits to existing investors.

On February 9, 2012, the Defendant would recover KRW 170,000,000 (170,000,000) from the victim F to the victim F at the office located in Gangnam-gu Seoul, Seoul, by investing the said money in the futures option of 200,000,000 won.

“The meaning of “.......”

However, in fact, the defendant did not intend to use the investment funds of the damaged party for the futures option because it was planned to use the investment funds of the existing investors to repay the principal of the investment or pay the profits.

Nevertheless, on February 10, 2012, the defendant had been delivered KRW 230,00,000 as investment money from the victim by deceiving the victim and deceiving the victim.

In addition, the Defendant received a total of KRW 3,657,368,379 from 11 August 201, 2010 to 24 February 2012, 201, as indicated in the list of crimes in the attached Table 1.

2. On November 201, 201, the Defendant related to the delivery-related fraud is obliged to pay the amount to the Victim G at the office located in Gangnam-gu Seoul, Seoul, as “H company,” on the front day of the production of the letter of introduction and name of the company, and on the completion day of delivery.

“The meaning of “.......”

However, the defendant is true.

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