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(영문) 서울남부지방법원 2017.06.14 2017고단1549
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Southern District Court and 2 years of suspended execution, and the above judgment became final and conclusive on June 19, 2015.

From March 2016, the Defendant called the victim C, who is a member of the same club from around the same time, and made a lot of profits by investing in the public offering line through the line accompanying the treatment securities.

If you deposit money to the agency because it is possible to receive the subscription share allocated to the agency, it will be done instead of the subscription share investment.

“.......”

However, in fact, the defendant did not have the intention or ability to return the principal and the profit by investing in the public offering share as it was planned to use the investment money received from the injured party for living expenses or personal stock investment by considering a large amount of loss caused by stock investment, and thus the defendant did not have any intention or ability to return the principal and the profit.

Nevertheless, on April 6, 2016, the defendant deceivings the victim by means of the same method as the defendant's treatment securities account (D) received KRW 10,000,000 from the injured party, and by deceiving the victim to the above account on May 9, 2016, and acquired KRW 21,607,000 in total by remitting KRW 10,20,000 on May 19, 2016, and by remitting KRW 10,200 to the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of the detailed transactions on respective deposits and withdrawals;

1. Details of the Kakao Stockholm dialogue;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the date of sentence of the suspended sentence of a suspect and the date of final decision);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] that there is no person who is less than KRW 100 million [the person who is subject to special sentencing] [the scope of the recommended punishment], six months from June to June.

3. The defendant who has been sentenced to sentence shall commit the same crime;

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