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(영문) 서울중앙지방법원 2013.08.23 2012고단4528
사기등
Text

Imprisonment with prison labor for 6 months, 1, 2-B, and 3-B of the judgment of the defendant, as to the crime of 2-A in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On July 23, 2008, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Central District Court on July 19, 2009. On April 28, 2011, the Seoul Central District Court sentenced two years of suspended execution to six months of imprisonment for fraud, which became final and conclusive on May 7, 201, and on November 23, 2012, the judgment became final and conclusive on the same day.

"2012 Highest 4528"

1. On January 13, 2012, the Defendant: (a) issued 200,000 Psosocs to the victim E, one of the parties to whom the Defendant had an English family teacher in his/her children’s English at the Defendant’s residence located in the Republic of Korea, the Defendant: (b) stated that “in the course of domestic futures and options trading; and (c) the amount of the investment would be at least 15 to 20% of the amount of the investment; and (d) received the delivery of 20,000 Psocs by the end of June 2012.”

However, even if the defendant received money from the above victim, he thought that he would use it for casino gambling without using it in futures or options investment, and therefore, he did not have the intent or ability to return the investment money or the proceeds to the above victim.

From the above date to May 21, 2012, the Defendant received a total sum of 483,000 Psocs (peso) over 16 times as described in the attached list of crimes (1) from the above date to May 21, 2012, and acquired it by fraud.

"2012 Highest 5977"

2. Fraud;

A. On March 22, 2011, the Defendant stated that “Around March 22, 2011, the Defendant would operate a company investing in the futures option,” at the “G’s office,” that “A victim H will receive 10% profits every month and return the principal without any molding three months after making an investment.”

However, the facts guarantee the return of principal without any particular equity capital and promise to borrow money or receive investment.

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