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(영문) 창원지방법원 2013.04.19 2011고단5074
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, who operated B, the Internet Stock Investment Party site of the Internet Stock Investment Party in the next car page, was willing to receive the investment money from the above Kafe members as if they were the high number of stock investments.

1. The Defendant, around March 10, 2010, posted as if his investment rate is at least 30% on the next car page trading day, and received 30 million won from the victim, stating, “A victim C, a member of the car page, who reported this fact, will settle the profits of 10% on an average of 10% per month, if an investment is made to B, at the last day of each month. A large amount of equity investment is made to B, who is also another person.” As of March 15, 2010, the Defendant was transferred from the victim to the Defendant’s new bank account (D) in the name of stock investment.

However, in fact, the Defendant’s daily sales volume posted on the above car page was not actually a situation in which the Defendant actually invested in and made profits from the Defendant, and the Defendant did not have any experience in making investments by receiving stock investments from another person, and was reported losses, and thus, even if the Defendant received a stock investment amount from the victim, there was no intent or ability to guarantee the Defendant’s 10% of the monthly investment profits, and 5 million won of the amount received from the victim was considered to be used as personal living expenses, notwithstanding that it was considered to be used as personal living expenses, the Defendant was issued a payment of KRW 30 million from the victim by making a false statement to the victim.

2. The Defendant, as stated in the foregoing paragraph 1, received KRW 30 million from the victim, and made an investment in stocks, but in order to compensate for the principal loss near 90%, he again saw the victim to receive more investments by making a false statement.

On April 9, 2010, the Defendant, through Internet hosting, is raising a new amount of KRW 5 billion by “one of the investors who have made an investment to B” and withdrawing KRW 2 billion, and then creating a new amount of KRW 5 billion.

2 billion won in money.

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