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(영문) 서울중앙지방법원 2018.12.20 2018고단6483
사기
Text

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

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

Reasons

Punishment of the crime

1. On August 26, 2010, the Defendant secured the Victim D who became aware of the trade name located in Seocho-gu Seoul Metropolitan Government Seocho-gu’s Seocho-dong traveling around February of that year at a coffee shop where it is impossible to find out the trade name, and “On November 2010, the Defendant secured the shares of KGP-based KGP-based KGP-based Limited Corporation that will be listed in the Hong Congo Stock Market at the end of that year.

If listed, the e-mail was sent to the purport that the premium would be at least 25%, and that it would be 20 million won as an investment plan for three months.”

However, even if the defendant received money from the injured party for the purpose of investing in the stocks of the Red bean, he did not have the intent or ability to pay the principal of the investment and the profits to the injured party by investing in the stocks of the Red bean.

On August 31, 2010, the Defendant, by deceiving the victim, received money from the victim, from the victim to the Korea Cit Bank account under the name of the Defendant, and acquired the money by deceiving KRW 20 million.

2. On October 16, 2010, the Defendant would make an investment in the coffee shop in which the trade name located in Seocho-gu Seoul Metropolitan Government Seocho-gu cannot be known. The Defendant would make the said victim’s investment in the event of the brupted lease due to the financial crisis.

The investment period is about one year and six months from one year, and the profit is about 80-120%.

It sent a false e-mail to the effect that the investment amount is expected to be collected more than KRW 3 billion, and that the investment amount already completed exceeds KRW 1.4 billion.”

However, even if the defendant received money from the injured party for the purpose of investment in the leased shares, he did not have the intent or ability to pay the principal and profit to the injured party by investing in the leased shares.

On October 20, 2010, the Defendant deceivings the victim as such, and is under the name of the Defendant.

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