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(영문) 서울남부지방법원 2016.04.01 2015고합338
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around April 10, 2012, the Defendant made a false statement to the victim C, the same member of the E church located in Seocho-gu Seoul Metropolitan Government Seocho-gu, stating that “B is working for the management of shares and the fund manager at the SK Securities, and only for six months, the principal is guaranteed and the profit is 10% can be paid.”

However, the defendant was plans to use the money received from the injured party for stock investment or illegal futures trading, even if he did not have worked as a securities manager and received money from the injured party, there was no intent or ability to subscribe to the goods to guarantee principal and profit.

As such, the Defendant, by deceiving the victim, received KRW 30,00,000 from the damaged person to the bank account in lieu of F’s name on April 20, 2012, and received KRW 30,00,00 under the name of investment, and stated in the written indictment as follows: “To receive KRW 20,723,728 under the name of investment deposit with the securities account instead of the F’s name on the same day,” but, in light of the entries in the list of crimes in attached Form 1,

The sum of KRW 600,000,000 in total over 22 occasions from the above day to August 25, 2014, including the acquisition of pecuniary benefits equivalent to the above amount, was transferred to the above account and acquired pecuniary benefits equivalent to the above amount.

From December 15, 2014, the Defendant was the head office manager of the victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) in Gangnam-gu Seoul and 809 from December 15, 2014 and has been engaged in the fund management affairs of the victimized Co., Ltd. (hereinafter “victim Co., Ltd.”).

The Defendant, while managing the corporate account (Tgu Bank: I) of the victimized Company and keeping the Company’s funds in custody for the victimized Company for its business purposes, did not in mind to use the Company’s funds for personal purposes in order to meet the nearest loss of KRW 100 million caused by stock investment failure and sports soil.

The defendant, on 2015.

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