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(영문) 부산지방법원 2015.05.15 2014고단7396
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2008 to 2010, the Defendant served as a public official in charge of administrative diffusion in the E Medical Middle Group in Chungcheongnam-gun where the victim D served as an administrative officer.

1. On February 2, 2009, the Defendant stated to the effect that “The Defendant would make an investment in stocks at the time of his/her own society and would not be a soldier’s shares at this time because he/she did not make an investment in stocks,” and that he/she would make a profit by making an investment in stocks to B of the amount of money to be invested in stocks.”

However, even if the defendant received money from the victim as a share investment money, he did not know that he received money from the victim to the extent that he could have the victim pay the money, and he did not know that he received money from the victim. The money received from the victim was used for personal purposes.

The Defendant, as above, by deceiving the victim as above, received from the victim a written deposit of KRW 50 million from the victim’s bank account from February 3, 2009, an official bank in the name of the victim and a seal of the victim.

2. On March 30, 2010, the Defendant told the victim, by telephone and text message, that “In order to receive a refund of the investment amount of KRW 50 million invested in stocks as above, the victim entered a foreign country, 5.80,000,000,000,000,000 won.” The Defendant said that money of KRW 5.88,00 is necessary.”

However, even if the victim receives money from the victim, the victim was willing to use the money for personal purposes, and did not think that it was used for the collection of additional stock investment money.

The Defendant, as above, deceiving the victim and deceiving him from the victim, is the Defendant around March 31, 2010.

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