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(영문) 수원지방법원 성남지원 2016.12.08 2016고단2317
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. Around August 2015, the Defendant made a false statement to the effect that “The Defendant would guarantee at least the principal even if there is no profit, at least the victim C’s investment in the amount of KRW 3 million to pay money with stock futures options.”

However, even if the defendant received money from the victim, he did not have any intent or ability to invest in stock options or to guarantee the principal.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim to the one bank account in the name of his/her father-child D on the 26th of the same month from the victim and acquired them by transfer as investment money.

2. On September 2015, the Defendant made a false statement to the effect that “The Defendant would guarantee the principal at least by guaranteeing the payment of the principal, at least 5 billion won, at the time of the Defendant’s residential place in Songpa-gu Seoul.”

However, even if the defendant received money from the victim, he did not have any intent or ability to invest it in futures options from the Seoul Metropolitan Government Department or to guarantee the principal.

As such, the Defendant, by deceiving the victim, was obtained from the victim on the 23th day of the same month and obtained 30 million won in cash from the victim as investment money.

3. On November 18, 2015, the Defendant made a false statement to the effect that “In the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government, the said Defendant shall invest in money in a hedged amount as to the time (in the absence of stocks, under the circumstances where stocks are held, if it is intended to determine profits by means of short sale, the deposit money shall be included and the gift shall be sold) the said Defendant would have to stand up with the said victim’s crym.”

However, the defendant is against the victim.

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