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(영문) 서울북부지방법원 2018.10.18 2017고단1538
사기
Text

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

Reasons

Punishment of the crime

On August 31, 2016, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) on August 31, 2016, and the judgment was finalized on March 17, 2017.

Criminal facts

In fact, the Defendant was making a gift investment whose principal is not guaranteed, and did not have any other property or means to guarantee the principal even if the Defendant incurred any loss, and the written indictment from other people than the victim stated “Do from other people, such as victim E, etc.” However, as E made an investment in the Defendant on September 6, 2013, the victim was not an investor at the time when the victim paid the first investment amount to the Defendant.

Therefore, it will be deleted.

However, the Defendant paid investment earnings to F and G by an existing investor;

(389 pages), as above, shall be changed (Evidence 389 pages).

Since it is difficult to prevent a return of proceeds from new investment funds because interest, earnings, etc. are not paid on the wind to view losses after receiving money as investment in stock futures, the agreed profits cannot be paid normally even if they are paid from the damaged person, as well as the principal cannot be repaid. However, in the vicinity of Seoul Gangnam-gu, Seoul, Seoul, on June 2013, the victim B can be seen as having made an investment in stock and futures options.

If investment is made, it will guarantee the principal and pay 3% dividend monthly.

On June 11, 2013, 201, 200,000 won was delivered from the injured party to CD account under the name of the defendant on June 11, 2013, and the victim was trusted by paying some of the profits under the method to prevent the return, and was additionally delivered on February 27, 2014.

As a result, the Defendant received a total of KRW 267 million as an investment deposit in two times by deceiving the victim.

Summary of Evidence

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