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(영문) 서울서부지방법원 2013.09.12 2012고단2491
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around April 2011, the Defendant suffered a large loss due to the husband C’s failure to invest in the stocks and transferred his residence to a strike and had been suffering from economic difficulties, and from July 2011, the Defendant was paid in close relation with the victim as an insurance solicitor from around July 2011 due to the victim D’s aid.

The defendant knew that there was a large amount of money to the victim, and tried to borrow money or borrow money for the purpose of stock investment under the condition that C has made a high profit to the victim on the condition that C has made a stock investment.

1. Around November 3, 2011, the Defendant stated that “The victim at the Maternology branch of the E company located in the non-Dong fiveth floor of the F Building in Jung-gu, Seoul, said that “Seoul may set up an investment advisory company, and would pay a lot of money to make investments in the futures option, if investments are made in money, at least two copies of money per month shall be paid as profits, the principal shall be guaranteed, and the principal shall also be set up on the land of the G redevelopment area in the husband’s name.”

However, the fact is that C does not have established an investment advisory company, and C had already established a security under the name of another person with respect to the above redevelopment land, and C had already incurred a significant loss due to stock investment while C had no money to invest in stocks except for the money to be received from the victim, and therefore there was no intention or ability to pay more than two copies of profits every month even if C received money from the victim as the name of stock investment.

Nevertheless, as above, the Defendant, as well as deceiving the victim as above, received a remittance of KRW 6 million from the victim to the passbook of our bank from the victim to the Defendant’s bank, and acquired money totaling KRW 299,790,000 through 11 times until March 14, 2012, such as the list of crimes (1).

2. On December 26, 2011, the Defendant: (a) around December 26, 201, entered the Defendant’s office at the foregoing luminous branch office; and (b) “ves H finites golf in Thailand.”

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