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(영문) 수원지방법원 여주지원 2016.09.30 2015고단922
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2015 Highest 922] The Defendant: (a) received money from a large number of investors in derivatives, such as futures and options, to distribute profits promised to investors; (b) but (c) did not create profits from futures, options, etc.; and (d) did not have the ability to pay profits promised to investors even if they received money in the name of investment; and (c) did not have the ability to pay profits to investors; and (d) was urgently needed due to the circumstances leading up to the use of money for the purpose of preserving profits to investors in the past.

On May 10, 2013, the Defendant is the trust of gift and options to the victim D from the Defendant’s house located in Gyeonggi-si A around May 10, 2013.

Recognizing the false statement, the term “Ilddd' investment in the punishment,” which received 5 million won from the injured party under the name of short-term investment on the same day, and issued 5.27 million won as if the profits were accrued.

In addition, on May 13, 2013, when the defendant's house constitutes a long-term scenario with gift, option, etc., the defendant can guarantee the principal by minimizing risks.

It is necessary to set up a long-term scenario of KRW 200 million or KRW 400 million, and it is possible to make an investment as soon as theme is prepared to guarantee the principal and the profits of KRW 8% per month.

The phrase “ makes a false statement.”

However, even if a part of the investment money is invested in futures, options, etc., it could not be able to stably distribute profits in light of the characteristics of the gift and options transaction involving high risk, and even if the Defendant received money from the injured party under the name of the investment money, it was thought that it was not invested in the actual short-term investment goods, but rather, it was given to the injured party as the Defendant’s money in order to let the injured party believe the Defendant and make more investments.

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