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(영문) 서울서부지방법원 2017.07.19 2017고단353
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 30, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court (Seoul Western District Court) and on December 18, 2014, the same court was sentenced to three months of imprisonment for a crime of fraud, and was released on August 14, 2015 in the Southern Southern District Court (Seoul Southern District Court) from prison to prison on August 14, 2015, and completed the term of imprisonment on October 6, 2015.

In fact, the Defendant is not a fund manager, but has no ability to make a lot of profits through over-the-counter trading of stocks, and even if the Defendant borrows money from the victim C (or the age of 42) in the name of borrowed money, it is thought that it will be used as gambling money, etc., and then there was no intention or ability to make a repayment to the victim of the borrowed money after making a return on over-the-counter trading of stocks with the money.

Nevertheless, on March 2, 2016, the Defendant made a false statement to the effect that he would sell funds and make a lot of profits through over-the-counter trading of stocks to the Defendant, and that he would sell profits at a high price to another person after purchasing it, and then divide the profits therefrom to the victim. The Defendant, on March 2, 2016, transferred from the victimized person KRW 12 million on or around March 2, 2016, KRW 10 million on or around April 27, 2016, KRW 9 million on or around June 13, 2016, KRW 30 million on or around June 13, 2016, to the Defendant’s Saemaul bank account in the name of the Defendant.

On February 2012, the Defendant became aware of the Victim E (39 years of age) and the Victim F (39 years of age) who is his/her year, through the introduction of a branch leader on February 2012.

At that time, the Defendant would make profits from the victims who have been interested in stock investment, with a large amount of losses caused by stock investment increased.

After receiving money in the name of stock investment, it was thought that it was used to pay personal debts.

The defendant around May 10, 2016 is the victim's ability to operate G in Gangnam-gu Seoul Samsungdong.

If investments have been made, the amount of KRW 50 million shall be reduced to 2 times the profit.

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