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(영문) 수원지방법원 안산지원 2015.01.06 2014고단1291
사기
Text

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

The defendant shall obtain money from the applicant for compensation 16,00,000 won and shall do so.

Reasons

Punishment of the crime

The Defendant “2014 Highest 1291” is a person who acts as an investment expert in the “E” and the “F” established by the Defendant, which is a site for exchange of investment-related information, such as stocks, futures, options, etc., and has made an investment in stocks, futures and options by receiving investment funds from those persons.

1. On October 20, 201, the Defendant made a false statement to the victim G by phone call at a place where the location is unknown, stating, “The Defendant would pay interest equivalent to five-minutes interest if he/she lends KRW 10 million to the victim G, and he/she would make a payment up to KRW 25 million with the principal amount up to KRW 10 million by December 31, 201.”

However, in fact, the Defendant did not have any particular property as a bad credit holder, and the Defendant suffered losses from futures investment without any other income except stocks, futures, options investment, and so there was no intention or ability to pay KRW 35 million in total as agreed with the victim G, together with interest equivalent to the five-minute interest.

On October 20, 201, the Defendant obtained 5 million won from the victim G to the K account of community credit cooperatives under the name of the Defendant, and 5 million won from the same account around the 24th day of the same month, respectively, and acquired it by fraud.

2. On August 3, 2012, the Defendant: (a) at a coffee shop where it is impossible to know the trade name near the East-gu ICT located in the Young-gu, Young-gu, Suwon-si, Suwon-si; (b) the Defendant made a false statement to the victim I as follows: (c) “The Defendant would create investment profits exceeding 3-4 times the principal amount by investing the said money in futures and options.” (d) the Defendant was scheduled to establish a stock investment advisory company in the Seochoman on March 3, 2013; and (e) made an investment in the company established with the investment return within the investment return. (e) even if any loss is incurred, the Defendant would return 90% of the principal amount.

However, in fact, the Defendant, as a bad credit holder, did not make any profit except stocks, futures, and options investment, and thus, was under short of living expenses, so even if he received investment money from the victim I.

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