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(영문) 대구지방법원 김천지원 2018.03.27 2017고단1657
사기
Text

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

Reasons

Punishment of the crime

1. On January 2013, the Defendant, against the victim B, made an individual investment in D Seoul located in Gangnam-gu Seoul Metropolitan Business Office, “The Defendant has a profit of 100 to 200% per month by making an individual investment.

If investment is made, at least 5% of the profits will be paid every month.

B. A false statement was made to the purport that “The principal may be guaranteed even if an investment is lost because it owns real estate worth at least one billion won in the United States and Australia, which is worth at least one billion won.”

However, at that time, the Defendant invested KRW 560,00,000 to E in futures trading, but did not have the intent or ability to guarantee the principal of the victim in the event of failure of the investment because most of the principal was lost in view of the loss, but was invested by F, etc. to compensate for the principal loss. However, it was thought that the Defendant received a refund of the investment money due to not being able to make profits, and that part of the money paid from the damaged party was used for the purpose of returning the investment money to F, etc., and that it did not own cash equivalent to KRW 1.5 billion, but did not own real estate worth KRW 1.00,000 or more in the United States and Australia.

Nevertheless, on January 31, 2013, the Defendant: (a) by deceiving the victim as above; (b) obtained transfer of KRW 100 million from the foreign exchange bank account in the name of the Defendant on March 22, 2013 to the same account on March 22, 2013; and (c) acquired KRW 239 million in total.

2. The criminal defendant against the victim G is making high profits by investing in foreign exchange gifts to the victim G who came to know of the victim G through a Kafin in Daejeon, Jung-gu, Daejeon, Daejeon, on April 2013.

If a person receives KRW 60 million, he/she shall give KRW 300,000 per month as a profit, and return the principal at any time if necessary.

“False speech was made to the effect that it was “.”

However, the defendant gifts around that time.

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