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(영문) 대구지방법원 김천지원 2017.07.12 2016고단1572
사기
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall take money of KRW 10 million to the applicant F, and the same G.

Reasons

Punishment of the crime

[Basic Facts] When the Defendant received an investment from the branch to the effect that “When making a payment of investment, guaranteeing 70% of the principal shall be guaranteed, and 3% of the investment amount shall be made a monthly profit” and, while engaging in futures and options trading, it is impossible to reduce profits by deeming losses as continuing to be incurred, it would be presumed that the monthly profit which was promised to receive an additional investment would have been yield, and part of the amount was used as the Defendant’s daily expense.

On December 2013, the Defendant opened a 203 office of T&T building 203 in Changwon-si, Changwon-si, 2013, and kept a false sample containing false facts, such as “3rd and fourth-year average monthly profit 30% of the investment conference of KIKO derivatives, derivatives investment advisory capacity, fund investment advisory capacity, securities investment advisory capacity, and securities investment advisory capacity,” and then posted on the Internet as if the Defendant would have earned enormous profits from the existing shares transaction, and then, “the Defendant is a certified stock expert, and has received a large number of profits,” and “the Defendant would return 70% of the principal amount if investments are made, and 3% of the monthly investment amount will be an investment profit.”

In addition, the introduction of the surrounding people to "three percent of the amount invested by them shall be paid as the introduction expense." The existing investors shall pay 3 percent of the amount of additional investment principal per month to the existing investors, and as if the defendant was aware that there was a large amount of profit in the transaction of stocks, they received continuous investment funds from many people who believe that they received a large amount of investment.

[Criminal facts] On February 18, 2013, the Defendant continued to pay profits to the victim H by telephone at the mutual influence in Guro-gu Seoul Metropolitan Government.

b. To pay 3% of the monthly investment amount with its profits when making an investment to B.

(b) loss is also incurred.

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