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(영문) 수원지방법원 안산지원 2015.04.21 2013고단2920
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 9, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Fraud and Unauthorized Receiving Act at the Seoul Central District Court, and the said judgment became final and conclusive on December 23, 2010.

Criminal facts

1. On January 7, 2008, the defrauded B, at the Defendant’s office located in the Gangnam-gu Seoul Metropolitan Government Office No. 410 on January 7, 2008, the Victim B, “The Victim B may pay high profit of 40-50% every time through the FX M&C transaction,” and the Victim B said that the Defendant would pay the full amount of the investment after paying it by 20% every month during three months.

However, in fact, the FX M&E trading is an exchange of currencies such as USD, pound, oil, etc. and it is difficult to predict the exchange margin due to the exchange rate fluctuation, so it is difficult for the Defendant to anticipate the success with high risk group from among the financial derivatives, and there was no intention or ability to return the profit and the investment money even if it receives the investment money.

On January 8, 2008, the Defendant, by deceiving the victim as above, received money of KRW 20 million from the victim to the foreign exchange bank account (D).

2. Around January 2009, the Defendant stated that the victim E would pay a high profit of 10-20% per month from the Defendant’s office located in Busan Shipping Daegu F&M 2903, Maddong 2903, and that the principal would be paid within six months.

However, in fact, the FX M&E trading is due to exchange of currencies such as USD, pound, oil, etc., and it is difficult to predict the exchange margin due to high risk group among financial derivatives, and even if receiving investment money, the Defendant did not have the intention or ability to return the profit and the investment money.

As above, the Defendant, by deceiving the victim, received 2 million won as investment money from the above office on the same day from the victim, and acquired it by fraud.

3. Fraud against victim G;

A. The Defendant.

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