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(영문) 서울남부지방법원 2013.06.26 2013고단1164
사기
Text

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

except that 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

Although the Defendant did not have a change in stock investment experts, the Defendant did not receive a certificate of qualification and did not intend to pay part of the funds as if they were the principal or profit of the existing investment funds, by guaranteeing the victims D and E, who are children of the above C and C, for the purpose of preparing living expenses, etc. on the premise of marriage with the victim C and E, and by receiving money from the victims as a means of investment, which was used as a living expense, and some of the funds were incurred while investing in stocks.

1. On May 2010, the criminal defendant against the victim D stated that "the defendant would return the amount of 700,000 won or more per month by investing 30,000,000 won to the victim's house of the victim D, F apartment 103, 1305, 1305, and 300,000 won from among the customers within the internal management, while investing 30,000,000 won to the victim."

However, in fact, the Defendant did not have the intent or ability to pay the profits or principal promised to the victim for the foregoing reasons, and the Defendant did not return the principal normally even if he did not have the customer at the time and did not have any property specially owned, and even if he did not receive money from

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on June 19, 201; KRW 10 million on June 20, 2010; KRW 15 million on September 5, 2010; KRW 15 million on December 22, 2010; KRW 60 million on March 3, 201; KRW 10 million on October 27, 201; and KRW 60 million on the aggregate under the name of father G of the Defendant’s father.

2. On August 3, 2011, the criminal defendant against the victim C shall be KRW 500,000,000 per month when he/she lends the victim C with “10,000,000 won.”

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