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(영문) 청주지방법원 2017.11.02 2016고단2191
사기
Text

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

The defendant shall pay 10,00,000 won to the applicant for compensation and shall do so on November 2, 2017.

Reasons

Punishment of the crime

On February 29, 2016, the Defendant, in the “D Real Estate Brokerage Office” located in Gwangju-gu, Seo-gu, Gwangju around February 29, 2016, committed as if the Victim B was an expert in the FX M&C transaction, and the Defendant, “If the Defendant subscribed to the Fund at a certain amount, the principal is guaranteed without loss, and the monthly income can be realized, once a month, the amount of the investment will be returned along with the profits within one month.

“The purpose of “” means that a bank account number, OPT, and account passwords are required to transfer money, and a telephone call with a victim and a re-teled one at an influent room located in the Jung-gu Daegu-gu, Daegu-gu, on March 1, 2016, and there is no “original loss.” If the principal loss is deemed, the bank will guarantee the principal.

The principal shall be returned after a month along with the revenue.

The revenue was said to be the one divided by half and half.

However, as the FX M&E transactions are likely to cause the principal loss due to its uncertainty, it is impossible to guarantee the principal along with the profits after the month, and there was no asset or income in the FX M&C, and there was no intention or ability to return the principal together with the profits after the month.

On February 29, 2016, the Defendant, by deceiving the victim, received the OPT of the new bank account (Account Number: E) deposited from the victim on February 1, 2016 from the victim, and received the account password necessary for Internet transaction, etc. on March 1, 2016, and acquired it by transfer of KRW 90,95,600 to the SC Bank account (Account Number:F) in the name of the Defendant to conduct transactions under the name of the Defendant on March 1, 2016.

Summary of Evidence

1. Some of the statements made by the prosecution against the defendant;

1. Statement made by the police against B;

1. A report on investigation (to attach photographs containing the use of a mobile phone by the victim, the issue of sending the victim, etc.), text message photograph;

1. Application of a written confirmation of transfer transactions and a certificate of confirmation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;

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