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(영문) 부산지방법원 2018.09.28 2017고합67 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud 2017 high-class 67), the Defendant became aware of the fact that there were many records of having been punished as a violation of the Financial Investment Services and Capital Markets Act due to the suspicion of operating the market price of stocks, etc., in connection with the price of specific stock certificates or the fluctuation in the market price index of stocks, and was experienced in the trading of derivatives, such as stocks for which the right to purchase the relevant stocks or cash was given in accordance with the pre-determined method after a certain period expires, and that he was aware of B by introduction of a person who was seeking funds to invest in stocks on November 2016.

The Defendant and B, using a large number of experience in stocks and ELW, etc., the Defendant and B agreed to prepare or attract investment funds, and the Defendant agreed to have them divided if they gain profits by performing the role of investing in stocks and ELW, etc. with the investment funds, and made stock investment, etc. in accordance with their respective roles in the PC room from November 2016 to the office, etc. prepared in Seoul Gangnam-gu Seoul Building D, and the Defendant deposited in the EF account in the PC account of B.

E’s money of approximately 250 million won in an illegal online gambling site, and all of them were sprinked, and the E received additional investments from others via B through B, and received the said investments, and made the said investments, with a view to gathering the above-mentioned amount of money.

On December 5, 2016, the Defendant: (a) around December 5, 2016, from the Gangnam-gu Seoul Building D Co., Ltd. (hereinafter “Seoul Building D”) to “F account is likely to incur any loss; (b) which is bound by E’s stock club to which KRW 250,000,000,000, is managed by E; and (c) profits accrued from the stock club.

If money is additionally invested, more profit can be paid.

“....”

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