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(영문) 대구지방법원 2017.07.14 2016고단4565
사기
Text

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

Reasons

Punishment of the crime

[2016 senior group 4565] The defendant is a person who operates an investment company that is a bankruptcy bank D.

On September 208, 2008, the Defendant, at the office of the Dispute Resolution D Co., Ltd. in the fifth floor of the building in Daegu Dong-gu, Daegu E-gu, and the fact is that even if he receives money from another person under the pretext of futures option investment, he does not have any means of obtaining stable profits from the investment in futures option, and it is not possible to guarantee the distribution of profits from the investment, and even though he could not guarantee the principal of the investment, he could raise investment profits by making an investment in futures option if he makes an investment to the victim F. The Defendant made a dividend of 10% of profits from the investment in futures option. Since the investment was carried out in a stable manner, at least 80% of the principal of the investment can be refunded in the case of the largest investment.

On September 3, 2008, the Defendant received KRW 12 million from the victim F to the bank account in the name of the Defendant in Daegu, etc. from the victim F, from around September 3, 2008, from the time to January 13, 2009, the Defendant received total of KRW 170 million from the victim 4 times in total from the victim 19 times, such as the list of crimes in the attached list of crimes.

[2017 Highest 401] On September 25, 2008, the Defendant would pay KRW 30 million to the victim by receiving investment from investors on March 20, 2009.

“The phrase was false.”

However, the defendant did not have any intention or ability to pay the price even if he/she acquired the LAD from the injured party.

As above, the Defendant did not pay KRW 30 million to the injured party while deceiving the injured party and taking over the D from the injured party, thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

[2016 Highest 4565]

1. Partial statement of the defendant;

1. The witness H’s legal statement 1.

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