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(영문) 서울남부지방법원 2012.07.31 2012고합54
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for eight years.

One corporate seal seized D (No. 1 of the total list of seized articles) shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who works as the deputy head of the relative value management team that manages the claims assets in D Co., Ltd. (formerly, E Co., Ltd. and F Co., Ltd.; hereinafter “the foregoing”) from October 2002 to January 2012.

Since 2003, the Defendant: (a) from around 2003, made a personal loan of money and an investment in futures options; (b) was likely to incur a lot of loss; (c) made fake funds or investment goods under the name of the said company; and (d) received money from the victims as if they were invested goods managed by the said company.

1. Around March 30, 2005, the fraud Defendant made a false statement that “I” bonds of “I”, which are “I” operated by E Co., Ltd. working in the Republic of Korea, are safe funds similar to regular deposits, and the rate of return is 7.5% to 8% per annum, and the Defendant paid interest at the company every three months and guaranteed principal.”

However, the above facts are not fund goods operated by the above company, but goods created by the defendant, and even if the defendant received investment money from the victim, it was thought that they were to be used in the personal futures option investment, etc., and there was no intention or ability to return the principal and the profit to the victim.

The Defendant, as such, by deceiving the victim, received KRW 100,000 from the victim’s new bank account (Account Number:J) in the name of the Defendant on the same day.

In addition, the Defendant included this in the attached list 1 between March 30, 2005 and December 21, 201, from the office located in the above G building to December 21, 201.

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