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(영문) 인천지방법원 2014.12.11 2014고단6743
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 201, the Defendant, at the Defendant’s residence located in Nam-gu Incheon Metropolitan City, developed a trading program of the FX Marin, thereby guaranteeing the victim D an earning rate of up to 2 million won in one month, and even if there is no income, the principal will be guaranteed. The Defendant will provide information related to the FX Marin transaction using the program developed by himself/herself if he/she does not go to do so.” On June of the same year, the Defendant continued to engage in the said victim in the FX Marin transaction at the Pyeong-dong adjacent to his/her residence, and connected to the FX MF MV’s private site, and then, “the FXM transaction is a pro rata stock transaction, and the profit and loss is determined according to exchange gains if it is traded as it is known to him/her.”

However, the fact is that the FX M&C is derivatives and can not obtain a stable high profit, and the Defendant did not have developed a FX M&C transaction program related to investment techniques, and the Defendant was informed to the victim. Moreover, the fact that the Defendant was aware of the victim is not a large volume investment method widely known to investors of securities and derivatives, and it cannot be seen as enormous damages if the movement in the international exchange rate market is low. Moreover, the Internet site that the Defendant introduced the victim as FX M&C site to the victim is not a regular intermediary, but rather a private site that is not a fX M&C transaction, but rather an international exchange rate between the website operator and the user.

Nevertheless, the Defendant made a false statement as above, and then acquired a total of KRW 54 million from June 30, 201 to January 16, 201, from the victim’s purchase price to the victim’s deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each of the defendants;

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