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(영문) 청주지방법원 제천지원 2014.09.18 2014고단184
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who runs a wholesale business in order to operate (State)D in Ycheon-si.

The defendant, while being absent from gambling, has lent gambling money from the bond company and raised money to demand the debt, has raised the money under the name of the bond company, etc. related to the memorial business, and did not properly conduct the drilling business, but rather had the money used for the defendant's gambling fund or personal debt repayment purpose.

1. At around 14:00 on October 26, 2013, the Defendant: (a) purchased the current trend with the victim E at the office of the said state (State) around 14:00; (b) “When the present trend price has been formed at a low price, there remains a lot of profits from the purchase; (c) out of the sales proceeds, the Defendant offered a fee of 20%; and (d) invested the remainder to be paid to the Party; and (d) made an investment of KRW 200,000 to the (State) D with the payment of the monthly proceeds of KRW 30,000 per month to return all principal after one year; (d) made a false statement to the victim and the victim by means of telephone communications around February 20, 2014, the Defendant additionally sold money to the victim by means of a false statement.”

However, after receiving investment money from the victim, the defendant did not use more than KRW 100 million out of the money for the company or the memorial business and planned to consume it as the name of the defendant's gambling fund, personal bond interest repayment, etc., so there was no intention or ability to pay investment return to the victim properly. The trend of purchasing some of the money with the fund was also sold as gambling fund regardless of the high-end market price at the time of personal necessity of the defendant and used it as gambling fund.

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