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(영문) 수원지방법원 2013.10.23 2013고단3419
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From March 3, 2011 to September 2012, the Defendant received share investment funds from the neighbors and managed the said investment funds, and worked in D with 7th floor in Gangnam-gu Seoul Metropolitan Government Cbuilding.

The Defendant was a victim E and F’s workplace partner with the above D, and the victim G and H are in line with the university line.

1. Around September 26, 2011, the criminal defendant against the victim E made a false statement that “the victim E will guarantee principal and pay money by investing in shares,” at the above D office.

However, in fact, since around August 5, 2010, the Defendant was engaged in illegal futures trading or illegal Internet gambling from around August 5, 2010, and there was no other property, so there was no intention or ability to make an investment in stocks or to make a non-profit by making profits from such investment even if the Defendant received money from the victim.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the Japanese bank account (I) in his/her name under the name of the victim as a temporary equity investment loan.

2. On April 12, 2012, the criminal defendant against the victim F made a false statement to the victim F at the above D office stating that “The victim F will guarantee the principal and pay money by investing in shares.”

However, in fact, the Defendant was engaged in illegal futures trading or gambling on the Internet as described in Paragraph 1, and the Defendant was in the situation where he was to receive money from those persons as a share investment, and incurred losses and to repay the investment money, and thus, there was no intention or ability to pay the victim profits by guaranteeing the principal and making an investment in the shares.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the Japanese bank account (I) in his/her name under the name of the victim as a temporary equity investment loan.

3. The criminal defendant against the victim G is the victim G at the expense of the victim on May 24, 2012.

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