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(영문) 대구지방법원 포항지원 2018.04.05 2017고단1498
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 22, 2016, the Defendant against the victim B showed that he/she made an investment in securities with the victim’s stock investment in the north-gu Seoul apartment house 103 Dong 401, North Korea-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and that he/she made an investment in securities, 2% of the principal amount of the investment shall be paid as monthly profits, and when requested, the principal shall be paid within one month.

2. The term “assumed.”

However, in fact, the Defendant did not know the method of investment that could make profits by guaranteeing principal of stock investment. At the time, the Defendant did not properly pay the profits and principal for the amount of 400 million won invested by other investors, so there was no intent or ability to pay the profits as promised by the victim or to guarantee principal of the investment. Of the money paid by the victimized person, some of the money was considered to be used for other purposes such as personal debt, credit card payment, etc.

Around October 31, 2016, the Defendant, by deceiving the victim, received 40 million won from the victim to the national bank account (D) in the name of the Defendant from the victim, and acquired it by fraud.

2. On November 25, 2016, the criminal defendant against the victim E would be entitled to a new listing of the victim E at a location where the victim’s “New Daily E” is located at a time below the port of call.

If there are many investments, many profits can be seen.

Upon receipt of the investment money, the said investment made an investment in return for the money incurred in selling and purchasing shares.

However, in fact, the Defendant was unable to pay the profits from the investment funds received from other investors as stated in the above paragraph 1, and some of the money received from the injured party was thought to be used for other purposes, such as personal debt repayment, credit card payment, etc., so there was no intention or ability to pay the profits from the investment to the victim.

The Defendant is the victim.

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