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(영문) 서울중앙지방법원 2017.10.12 2017고합81
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for ten years.

Reasons

Punishment of the crime

[criminal record] On December 7, 2007, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Seoul Northern District Court, and was released on January 30, 2009 and passed on March 2, 2009 during the execution of the sentence.

[Criminal facts] 2017 Gohap 81

1. Victims J. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud;

A. On March 2010, the Defendant, under the pretext of stock investment, was L Ba in Gangnam-gu Seoul Haman, and the Victim J is one of the parties with a Japanese nationality, and is specialized in asset management investment in M securities.

In Korea, there are many taxes due to the Japanese nationality when trading stocks and futures in Korea, and 10% of the principal will be paid as interest together with the principal three months after lending the securities account to B and lending the money necessary for the securities transaction.

“The phrase “ was false.”

However, in fact, the defendant was not a person of Japanese nationality but a person with expertise in asset investment in M Securities, and there was no special property or income, and even if he received money from the injured party as a share investment, he did not have an intention or ability to repay the principal and interest thereof.

The Defendant, as above, received shares equivalent to KRW 87,243,830 in total at the market price deposited in the Nsecurities account under the victim’s name around March 2, 2010 from the victim, by deceiving the victim as above, and received shares equivalent to KRW 87,243,830 from around that time to May 28, 2010, in total, 46 times as shown in [Attachment 1] list of crimes committed during the period from around 1 to May 28, 2010.

B. The Defendant did not have any intent or ability to repay the borrowed money even if he/she borrowed money from the injured party due to the absence of any special property or income.

Nevertheless, on March 12, 2010, the defendant is now trying to see the victim's "I am deadly drinking" in the E store located in Gangnam-gu Seoul Metropolitan GovernmentO.

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