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(영문) 서울북부지방법원 2019.08.21 2018고단3133
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall obtain 80,000,000 won, respectively, from the applicant for compensation.

Reasons

Punishment of the crime

1. Fraud against the victim C and B;

A. A. On March 2012, the Defendant defraudation of the name of a stock investment fund: (a) around March 2012, the victim C and B are at a location to obtain good information about stocks as a stock investment expert; and (b) there are many profits by investing in the surrounding people;

In addition, when investing in a 100 million won fake fund, it will guarantee the principal and pay the proceeds of KRW 120,000 per month.

The term "the expression was false."

However, in fact, the defendant has invested the money received from the victims as a dividend for the purchase and sale of shares, etc. before that date, but from the end of 2011, it was actually returned due to the occurrence of principal loss and thus, it is not clear whether the victims can receive an additional amount of money from the victims and pay profits even if they invested in the sale and purchase of shares. There was no particular property or income at the time, and there was no intention or ability to pay the principal and profits to the victims properly.

Around March 20, 2012, the Defendant, by deceiving the victims as above, received KRW 30 million from the victims to the D Securities account under the name of the Defendant, and acquired the total amount of KRW 160 million through six times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

B. Around June 2012, the Defendant is directly establishing a bio-company with a promising to develop biotechnology-related cosmetics to the above victims, which is currently soliciting diesel investors;

Since both researchers and other investors are prepared to make an investment, they made a false statement.

However, even if the defendant receives money from the victims, he did not think that it was used for personal purposes such as stock investment, but did not have the intention or ability to use it as investment money to establish the company.

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