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(영문) 서울북부지방법원 2016.08.31 2015고단2922
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2015 Highest 2922] Around November 2013, the Defendant became aware of the victim's sexual intercourse with the victim's singing room operated by the victim C as a guest.

From time to time, the defendant got access to the above singinging room, and completed as a result of stock futures investment, made a large amount of profits, and made a ditch to the victim as if he did not have any losses.

As such, the Defendant was aware of the victim with the victim while frequently entering the singing of the victim, and was trying to acquire money by iceing to invest in the stock futures option.

On July 26, 2014, the Defendant would make 7% profits from futures of stocks recommended by a high person of foreign exchange banks and 5% profits from the damage in the singing room operated by the victim in Seoul Special Metropolitan City, Nowon-gu.

The loan will be paid 4% interest and 1 month after the interest.

“.....”

However, in fact, other persons than the victims of this case received money from other persons for the same purpose as above as a gift investment in stocks, but they did not pay interest, earnings, etc. to other persons. Even if they invested in a stock gift, it is uncertain that there was no possibility to yield profits, and even if they borrowed money from the victims to other persons than victims such as repayment of personal debts, etc., they did not intend to use it as a gift even if they borrowed money from the victims, and there was no possibility to pay profits even if they were used, and there was no intention or ability to pay them properly because they were higher than returning interest and earnings to other victims.

As such, the Defendant, by deceiving the victim, received money of KRW 20 million from the victim to the account of the Defendant on the same day.

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