(영문) 부산지방법원 2013.04.10 2012고단8574

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(영문) 부산지방법원 2013.04.10 2012고단8574

사기

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A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On March 5, 2011, at the office of the defendant in the 17th floor of the Dong-gu Busan Metropolitan City D Building, the defendant sold and sold shares recommended by the defendant to a person who was aware of the usual knowledge, and then sold the shares to the victim C who suffered losses. (b) If the defendant is responsible for receiving the share investment money, he/she directly sold and sold the shares to the victim C, thereby making it possible for the victim C to have suffered losses.

However, in fact, the Defendant did not have the intent or ability to return the principal and interest to the victim through a stock transaction even if the Defendant received a stock investment from the victim as well as the entire property of the Defendant through a stock investment, and even if the Defendant was aware of such fact, there was no reason to charge the Defendant with the stock investment.

On March 7, 2011, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the treatment securities account (F) in the name of E managed by the Defendant on March 7, 2011.

2. On May 201, 201, the Defendant stated that “The said victim demanded the return of the investment money to pay a large amount of money invested at once. The 40% of the investment money was made, which may be more profit-making in the future. The 20 million won increase in the amount.”

However, as stated in Paragraph 1, 30 million won invested by the victim has been in most losses, and even if the victim received additional stock investment funds, there was no intention or ability to return the principal and interest to the victim.

On May 11, 201, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the treatment securities account in the above E’s name, under the pretext of stock investment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);

1. C.

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