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(영문) 서울중앙지방법원 2016.11.25 2016고합488
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendant's defense right, part of the facts charged shall be corrected according to facts obtained through the examination of evidence without amendment procedures.

On January 14, 2016, the defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on January 14, 2016, and the above judgment became final and conclusive on

The Defendant was working as the head of Samsung East Branch Business Department Co., Ltd. (hereinafter “E”), and from around 2004, the Defendant had been engaged in stock investment consultation with the victim F at the Gangnam Branch at the time of the Defendant’s work.

On August 8, 2011, the Defendant sent back the money invested in the shares to the victim at a early and unclaimed place, stating that “The principal will be guaranteed without any molding it.”

However, although the defendant's investment in futures and options planned by the defendant could cause a loss with a high risk of loss, the defendant was concealed in the victim, and the defendant did not have any intent or ability to guarantee the principal of the investment even if there is no sufficient property at the time and the principal loss was incurred.

Nevertheless, as seen above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 120 million from the victim on August 22, 2011, from the victim, and as indicated in the list of crimes in the attached Form, is obvious that “from around that time, April 20, 2015,” which was written in the indictment on April 21, 2015, is a clerical error, and thus, is corrected accordingly.

By up to nine times, the sum of KRW 848 million was received as investment money and acquired through deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Current status of settlement of accounts in 2013 and current status of settlement of accounts in 2014;

1. A statement of financial transactions, a statement of transactions in the name of the suspect foreign exchange bank, and an investigation report amounting to KRW 120 million.

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