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(영문) 의정부지방법원 2016.04.07 2015고합453
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

While the Defendant, while serving as a designer of the Han Lan Life Insurance and maintained friendship with the victim C (V, 61 years of age) who became aware of from around 197 as an insurance customer, he would be able to make an investment in the safe and high return rate of return with the victim, knowing that there are many property of the victim.

In order to use the money for the repayment of the defendant's debt, living expenses, etc. by remitting the money by fraud.

1. On August 2008, the Defendant involved in the Korean Commercial Securities Fund was the victim’s villa located in the Crossing-gun of Gangwon-do around August 1, 2008, and the victim “a fund operated by the Korean Commercial Securities, with an earning rate of 6.5% a year thereafter.

Along with the fact that it is good to make an investment, it made a false statement, and thereafter issued a false fund confirmation document prepared by the defendant.

However, in fact, the Defendant did not invest in the fund with the victim's money but thought to use it for debt repayment, living expenses, or other stock investment purposes, so even if he received money from the victim, he did not have the intent or ability to recover the investment money by investing in the fund.

Around August 11, 2008, the Defendant received KRW 49,210,000 from the damaged party to the foreign exchange bank account in the name of the Fund as an investment deposit, and received a total of KRW 49,210,000 from the above day to June 22, 2012, including the remittance of KRW 49,210,00 from the above day to the day of June 22, 2012.

2. On December 201, 201, the Defendant involved in the fraud of the same kind of gold securities fund may call to the victim at the Defendant’s residence located in G in Namyang-si, Namyang-si, and there is a high interest rate fund raising of 7.5% of the fixed interest rate on the same kind of gold securities.

It received an investment share of KRW 300,000,000, and made a false statement to this account.

However, there was no fact that the Defendant received the dynamics securities, and there was an idea that the Defendant would use the victim's money for debt repayment, living expenses, and other stock investment purposes. Therefore, the victim's money was damaged.

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