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(영문) 대전지방법원 2020.09.24 2020고단615
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2018, the Defendant introduced himself as a specialist of stock investment, and took place as if he had many assets such as purchasing real estate through a short trading, even a number of million won per day. However, the Defendant was merely a person with bad credit standing who did not have any particular assets, and was making a stock investment with approximately KRW 200-30 million using the above account in the name of her living woman, as a person with bad credit standing having no specific assets.

On January 29, 2019, the Defendant made a false statement to the victim C, who is aware of the Defendant as above, that “I will pay money through stock investment. I do not lose money. I do not lose the principal even if I do not lose the money. I can supplement the principal. Because there are a large amount of stock investment, I will deposit KRW 50 million into the account of B, one of which is one of them, and will return the principal from April 2019 to or from May 201.”

However, the facts are that B did not live together with the defendant and used the money received from the victim as living expenses, etc. so even if the victim received the money, B did not have any intention or ability to return the principal or profit properly by investing the money in the shares.

Around January 29, 2019, the Defendant, by deceiving the victim as such, was given 50 million won to the future deposit treatment account in the above B’s name as investment money.

계속하여 피고인은 2019. 5.경 대전 불상지에서, 피해자로부터 지속적으로 위 주식투자 원금 5,000만 원을 돌려달라는 독촉을 받게 되자, 피해자에게 마치 위 원금을 제대로 투자하여 운용하고 있는 것처럼 "지난번에 남북관련주를 샀는데 주가가 너무 떨어져서 팔면 손해가 나서 돌려주기 어렵다.

30,000,000 won at a time, more than once.

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