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(영문) 의정부지방법원 2016.06.02 2015노2580
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds of appeal in full view of the following facts: (a) the Defendant borrowed KRW 100 million from the injured party to offer the deposited securities as security; (b) the Defendant incurred a big loss by investing the deposited securities in the futures option after borrowing the deposited money as security; (c) the said securities have not been exercised until now; (d) the Defendant demanded the return of the deposited securities; and (e) the Defendant’s statement to the effect that he was aware of the fact that the said securities were exercised; and (e) the Defendant was aware of the fact that the deposited securities were exercised, it shall be deemed that the Defendant acquired the deposited money by deceiving

2. Determination

A. Of the facts charged against the Defendant in the trial at the trial of the party, the Defendant requires a cost of KRW 100 million to the victim E at the D coffee shop located in Ilyang-gu, Yongsan-gu, Busan-si around March 12, 2012.

Only one month shall be used and repaid.

The new shares, which are new shares issued by FF, will be delivered as security.

The value of at least 100 million won may be immediately commercialized.

“A false representation was made.”

On the other hand, the Defendant around that time, to G, the husband of the victim, “There is an operation in which the share price increase is anticipated to be increased in a short period, and the share price is anticipated to increase more than twice within one month. However, if the Defendant borrowed KRW 100 million, it would make an investment in the above shares, and pay 50% of profits within one month, and guarantee the principal even if the share price falls short of the share price.

The phrase “to issue the securities of authorization, which are new shares of the bond issued by F Co., Ltd., the principal of which can be guaranteed, as security.” If G said that the victim would make an investment of KRW 100 million in the operational state, G would not lend money to the victim, and the victim would have agreed with G to say that the amount of KRW 100 million in business is necessary.

However, the facts are.

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