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(영문) 서울중앙지방법원 2015.07.23 2014고단7538
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The defendant found a meeting of investors and received money from a person who has lack of knowledge of investment as a target of crime and acquired money as a target of crime, such as investment money.

1. The Defendant, at around November 2012, the amount of damage KRW 4 million, concluded that the real estate investment (NPL) meeting consisting of real estate investors near the Seocho-gu Seoul Seocho-gu Work Station, would be the competent securities holder belonging to the treatment securities, and at the investment meeting, the Defendant made a false statement to the victim C, “The Plaintiff, who purchased and sold shares of an unlisted company immediately before or after the listing, would be able to make profits by selling the shares before or after the listing. The public offering made a false statement to the general public, stating that the public would purchase only the small number of people before being known, and make profits by more than 30% on the basis of one year or more.”

However, the defendant is not an employee of the treatment securities, and even if he receives the investment money, he is thought to consume it with personal living expenses, etc., and there was no intention or ability to invest in the public offering.

As such, the Defendant deceptioned the victim, and received 4 million won from the victim on November 29, 2012 as investment money from the victim to the treatment securities account (number: D) in the name of the Defendant.

2. On December 2012, the Defendant made a false statement to the said real estate investment gathering that “If the Defendant lends money to the treatment securities that he/she attends, he/she would make an investment in the company and pay 10% fixed interest interest to the company until May 20, 2013, and guarantee the principal. This is nothing more than the guarantee of the securities company.”

However, in fact, I did not borrow money in the form of guaranteeing the principal, and even if I received a loan from the victim, I did not have the intention or ability to pay it because I think that it would be consumed by personal living expenses, etc.

As such, the Defendant deceivings the victim as such, and against the victim, 5 million won as the borrowed money on December 27, 2012, and 5 million won on December 31, 2012.

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