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(영문) 서울서부지방법원 2017.08.09 2017고단942
사기등
Text

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

Reasons

(b) arbitrarily consumed for personal purposes;

Accordingly, the defendant embezzled the victim's property.

On April 18, 2016, the Defendant stated that “The Defendant would lend money to the victim H because he/she has an investment-value share, so he/she would return profits within 45 days immediately, at the latest 55 days, at a place where the location in Seoul is unknown.”

However, even if the defendant borrows money from the injured party, the defendant did not have any intention or ability to pay the money with 2.5 times the amount of money borrowed through shares within 45 days or 55 days.

Nevertheless, on April 22, 2016, the Defendant was transferred 75 million won in total to the same account around the 29th day of the same month, including 25 million won, from the injured party, in the future in the name of I, a defendant's seat on April 22, 2016, under the name of capital investment.

around February 2016, the defendant of "2017 Highest 1558" paid 10% return on the 15th day of each month to the victim M in the L office in Gangnam-gu Seoul, Seoul, 30* 30* The 30* The 15th day of each month through the price manipulation.

In order to pay the proceeds of 1.5 times the amount invested within the two-month period of work, “in the event of the raising of additional funds” shall be paid.

“A false representation was made.”

However, the defendant has already received investment funds from other investors and suffered losses, and there was only a need for additional funds to return the invested principal, and even if he has received investment funds from the damaged party, he did not have the intent or ability to make profits by investing in the shares.

Defendant 1’s false statement as above and its affiliated with it shall be the three securities account in the future of the said I name from the injured party.

3. The same year, including the receipt of remittance of KRW 30 million from the time of the transfer;

6. By the time of 26.26, a sum of KRW 215,930,00 was remitted from the injured party on 24 occasions, such as the list of crimes in Appendix 1.

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