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(영문) 전주지방법원 군산지원 2015.04.08 2014고단1175
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 1175] On May 13, 2013, the Defendant made a false statement to the victim in E-cafeteria operated by the victim D (Woo, 48 years of age) (hereinafter referred to as “F”), stating that “In-house would be punished by 4,000 stocks, futures, options, etc., and would make an investment twice the investment amount if he/she makes an investment to B at 40 million won a day. If a building is owned by F, even if it causes damage to F, the principal will be guaranteed.”

However, since the owner of F's building was the mother of the defendant, there was no authority to dispose of the F's building, and there was no profit from investment in stocks, etc., and there was a debt equivalent to about KRW 15 million in the financial authority, and there was no intention or ability to repay it even if it was delivered money from the victim due to the absence of other assets.

On the same day, the defendant acquired money of KRW 10 million from the victim to the bank account in the name of the defendant from the victim as a share investment money.

In addition, the Defendant, from that to June 12, 2014, received a total of 4,2950,000 won from the victim through the same method as indicated in the separate crime list from that to that of the Defendant, and acquired it by fraud through the said account under the name of the Defendant.

[2014 Highest 1293] On July 2013, the Defendant sold to the victim I the shares of “H” teahouse located in Daisan-si G with approximately KRW 10 billion in value and also owned in the Saemangeum City.” The Defendant stated to the effect that “I will sell to B the shares of “I, i.e., the owner of the Jbuan House with approximately KRW 10 billion in value, and the building is also owned in the Saemangeum City.” The Defendant would be entitled to receive profits if the shares are invested in the shares.

Around October 2013, the Defendant called “B to leave KRW 20 million to B,” and said, “I will pay money in two to three times by doing futures option transaction. If the Defendant failed to make an investment, I will return the principal even if you fail to do so.”

However, the defendant is not an operator of the JBT.

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