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서울중앙지방법원 2016.12.16 2015고단4750

A defendant shall be punished by imprisonment for one year.


Punishment of the crime

To the extent that there is no concern that the defendant's exercise of his/her right to defense may not be a substantial disadvantage, the indictment was corrected and supplemented ex officio without the amendment procedure

In around 209, the Defendant worked as an insurance solicitor of the ING Life Insurance Co., Ltd., and engaged in a business such as investment in stocks in the name of “D” in Seocho-gu Seoul Metropolitan Government Officetel. The Defendant mainly received a loan and traded stocks in the form of short-term trading, etc. (the balance of deposits in the securities account in November 24, 2009, which was the Defendant’s new financial investment account, is KRW 2,005,250), and its return rate was not good.

Therefore, even if the defendant borrowed money from the victim E who was known to him before November 2009 for the purpose of investing in stocks and traded stocks, the rate of return for the monthly income during the agreed period was uncertain, and the defendant's financial status at the time of the transfer of the property (in addition to four parcels of land, such as Gyeongnam-gun, Gyeongnam-gun, the property held in the name of the defendant was 100 million won with the deposit of 100 million won at 102 Dong 702, Songpa-gu, Seoul, which was a move-in report at that time, was filed, but there was no document related thereto. On the other hand, there was no personal liability of about 40 million won, and there was an average of about 1.2.6 million won as an insurance solicitor, and there was no intention or ability to return the principal to the victim, i.e., the borrowed money and the investment principal, if the principal would incur any loss

Despite the fact, the defendant made an investment and management agreement with the purport that he will pay the monthly rent of the apartment in which the victim resides by investing the shares in the money of the victim and return the principal of the investment without fail by the agreed deadline, and the defendant has committed fraud against the victim as follows.

1. On November 2009, the Defendant was at a cafeteria with the trade name in Seocho-gu Seoul Metropolitan Government Seocho-gu’s Seocho-gu’s Seocho-gu’s Seocho-gu.