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(영문) 서울남부지방법원 2014.04.17 2013고단3996
사기등
Text

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

1. Fraud related to stock investment;

A. A. Around March 31, 2011, the Defendant, as the deaf-mutes, had received KRW 60 million and received KRW 60 million to offer profits from stock investment to C, a deaf-mute, who was known to the nearest in his knowledge of around May 2010, by providing that he would offer the deaf-mute, who would have been a stock expert, with money to make a stock investment.

On March 201, 201, the lower court stated that 100 million won can be paid monthly to 1000-20 million won for each share investment to Habman C, who had been doing so, and that Ha said Ha explained the same contents to son who is the deaf and mute, and the Defendant invested 100 million won as the share price.

Accordingly, C, the defect that the victim wants to take the defendant's face prior to sending the share investment price to C, introduced the defendant and the victim through Internet video conversations. At the time of the above video currency, the defendant stated that the defendant would make the victim's share investment by dividing the dialogue with the victim and C in the defendant's residence in Seo-gu, Daejeon, Daejeon E 207.

Then, around March 31, 201, the Defendant received KRW 99 million from the victim who believed the above horses through the above C as a share investment price.

However, at the time, the Defendant was personally making an investment in stocks, but it was in a situation in which the Defendant was able to pay KRW 1,00-20 million each month in a stable way by using the same as a stock investment deposit, and there was no special property other than KRW 5,00,000 per month, and there was no income due to the absence of a special occupation other than the investment in stocks, so the principal of the stock investment price received to the victim was not returned from time to time.

In this respect, the defendant deceivings the victim to take property.

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