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(영문) 대구지방법원 경주지원 2016.05.26 2015고단754
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant opened a securities account to the victim C at the coffee shop located in Dongcheon-dong, Dongcheon-dong, Dongcheon-si, Gyeongcheon-si, and made investments in gifts to ensure that the principal does not suffer absolute loss, and that money should be deducted immediately if necessary.

The term "D., which is too high in return than bank interest, is too high in return for futures investment," and the term was false as if it is a very safe investment product with no possibility of loss of principal.

However, in fact, the Defendant did not have experience in futures investment, and the investment in futures has a high risk of loss of principal due to high profit and high risk investment, so the Defendant did not have any intent or ability to generate the above profits without any loss of principal.

On February 21, 2012, the Defendant, by deceiving the victim, obtained the right to use one of the securities account (Account Number D) under the name of the victim, and acquired an unproperty interest in the market value.

Summary of Evidence

1. Statement of the witness C and E in the second public trial protocol;

1. A protocol concerning the interrogation of the accused by the prosecution (excluding part concerning E statements);

1. Statement made by the prosecution against C;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Determination as to the assertion by the defendant and his defense counsel on the complaint, each payment letter, each copy of futures trading, each statement of futures trading, each statement of futures trading, each copy of an application for establishment of a comprehensive account, each copy of delegation, each copy of the results of investment tendency analysis, copies of the application for electronic financial transactions, copies of the confirmation of establishment of a product account, copies of the application for electronic financial transactions, copies of the transcript of the written confirmation of general investors' information, recording records, criminal investigation reports (written completion

1. The summary of the argument is that the defendant did not deceiving the victim as stated in the facts charged of this case, and the victim is deceiving and the defendant is against one of the securities shares accounts under the name of the victim.

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