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(영문) 서울동부지방법원 2012.08.24 2012고합189
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Prior Crimes that constitute a repeated crime] On February 2, 2005, the Defendant was sentenced to six years of imprisonment in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was released on April 30, 2010 and passed on May 28, 2010.

[Fact that constitutes a crime] On March 201, 201, the Defendant recommended the Victim C to make an investment by phone call, stating that “The Defendant is a very high time for the Defendant to engage in the business of finance in the world as well as for a few hundred million won per day of exchange rate.” There is a lot of money to include only one money. There is no money, and there is no money to include a few million won.”

However, since around 199, the Defendant received investments from the surrounding people in futures and options transactions, but did not pay profits therefrom, and received investment equivalent to approximately KRW 120 billion from investors to pay a lot of profits, thereby causing losses to investors, and even if he received an investment from the victim, he did not have the ability to make a lot of profits through futures and options transactions even if he received an investment from the victim, on the ground that he was sentenced to a punishment of imprisonment for a period of 50 billion won.

Nevertheless, the Defendant made a false statement to the victim as above, from June 29, 201 to September 20, 201, received a total of KRW 3.135 million from the victim on nine occasions, and returned only KRW 72,072 million under the name of the victim, such as profits, and acquired the remainder KRW 2.41,428 million.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s partial statement

1. Statement (C);

1. The details of account transfer (passbook copies, remittance certificates), contents of mobile phone text messages, customer assets status, investigation reports, details of transactions, futures options trading, investigation reports, documents to be attached to such documents (Evidence List Nos. 13 and 15), investigation reports (Evidence List Nos. 13 and 15), and repeated crimes shall be included in the repeated crimes;

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