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(영문) 서울남부지방법원 2018.06.08 2018고단1067
사기
Text

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

Reasons

Criminal facts

On June 30, 2016, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor due to the charge of forging private documents, etc. at the Suwon Franchi, and the above judgment was finalized on July 8, 2016.

Criminal facts

On March 2016, the defendant completed the search device to select the current issue of stocks to the victim F who became aware of in the D office of the Seoul Guro-gu Seoul Metropolitan Government first class 201 by introduction of E, which is located in the D office of the defendant operation.

Trading robots is the development stage, and it is possible to trade multiple shares in one order rather than to trade shares in hand upon completion of robots, making profits of 1-3% per day and 20-60% per month.

It is expected that annual 700% profits will be realized.

In one time, since it is not a single issue, but an investment of a number of items is made, it is automatically damaged as necessary, so there is no absolute damage day.

However, due to the characteristics of stock investment, the Defendant cannot guarantee the principal, and even if he did not intend to make a stock investment, he did not have the intent or ability to pay the victim profits in addition to the principal, even if he did not intend to make a stock investment, he did not have the intent or ability to pay the victim profits in addition to the principal.

Defendant was transferred KRW 47,230,000, around April 1, 2016, to the bank account of G name designated by the Defendant, including KRW 27,230,000, around April 17, 2016 and KRW 27,230,000, around April 17, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of the F and E;

1. A trading statement;

1. Previous convictions: Inquiry of criminal history and investigation reports (the attachment of a judgment of suspended execution), and

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