(영문) 서울서부지방법원 2018.06.14 2018노389

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(영문) 서울서부지방법원 2018.06.14 2018노389

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) Although the business judgment was made, there was no intention to deceive the victim of the failure to perform the obligation resulting from the failure of the business.

Considering that the lower court did not take into account the company’s software rental revenue or operating profit, and that: (a) paid interest that was promised prior to the filing of a complaint and returned KRW 20 million as of the end of 2016 among KRW 300,000,000,000 that was paid by the

B. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. At the time of the instant case determination, the Defendant: (a) although the operation of futures and options was damaged, the Defendant invested only part of the principal of investment of investors in futures and options in order to pay the interest on confirmation of the source of profit dividends promised to investors; (b) invested in options; and (c) paid interest on the principal of investment; and (d) paid in the same manner interest on the victim, even if only 1 and 2 months have been limited to 2016, a loss of KRW 60 million was incurred; (c) cumulative loss was KRW 3 billion for the principal amount of KRW 7 billion; and (d) the cumulative loss was KRW 3 billion for the principal amount of KRW 7 billion; and (e) the circumstance that the Defendant used the program with the victim’s promise to recover loss was not merely about the Defendant’s management judgment; and (e) the Defendant’s act did not notify the fact that it was important for the victim to determine whether to invest. Therefore, the Defendant’s act constitutes a fraudulent act.

Therefore, the criminal intent of defraudation is also recognized.

This part of the defendant's assertion is without merit.

B. It is a serious crime in that it deceivings the situation of unfair investment in sentencing and continuously receives a large amount of investment KRW 280 million in total.

interest promised.

유사 판례

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