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(영문) 광주지방법원 2015.02.04 2014고단698
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendant from February 2008 to the same year

5. Between the Seocho-gu Seocho-gu Homan, the Defendant stated to the effect that “it is well aware of foreign exchange futures trading experts, and if the Plaintiff invests KRW 100 million through this expert, at least 240% per annum may be paid, and the profits therefrom may be divided by 30% per annum.” The foreign futures investment is like the Six Game, and we would make investments in US$ and United Nations. On the contrary, US$ 100 million is a structure where US$ 100 million is lowered, and there is no absolute loss.”

However, the Defendant did not have any professional knowledge about foreign currency investment, and was unaware of experts who will be in charge of the management of foreign currency investment. Even if the Defendant invested the money received from the victim in the foreign currency, he did not intend to appropriately distribute the profit to the victim. It was thought that the Defendant would from time to time withdraw the money from the foreign currency futures account regardless of the Defendant’s investment profit according to the financial status of the financial institution.

Nevertheless, on May 9, 2008, the Defendant made a false statement to the victim, and acquired the money from the victim through a deposit account in the name of the Defendant’s bank on May 9, 2008.

2. In the same place, etc. around September 2008, the Defendant stated to the effect that “The Defendant would recover the amount of damage and return the investment amount and profit amount remaining after making a return of the said amount after making a foreign exchange futures trading through the foreign currency futures investment specialist if the Defendant additionally invests KRW 40 million in the amount of money due to the global financial crisis.”

However, the defendant knows that he will be in charge of foreign currency futures investment.

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