beta
(영문) 서울서부지방법원 2014.10.08 2013고단2251

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant A of Criminal Power is a person who was sentenced to three years of imprisonment with prison labor for fraud, etc. on July 16, 2012 at the Incheon District Court Branch Branch of the Incheon District Court, and the said judgment was finalized on the 23th of the same month.

Criminal facts

Defendants have established and operated the F (State).

1. On September 17, 2009, the Defendants stated that “F (State) shall pay 3% of the amount invested as monthly dividends to F (State) and guarantee the principal by paying 3% of the amount invested if it is invested in F (State) with a program that can be predicted that the exchange rate of exchange from the company of the United States of America would be lowered.”

However, even if the victims receive money from the victims, they tried to use the money as dividend payment, office operating expenses, employee monthly pay, etc. for other investors, and they did not have any circumstances to make high profit by making foreign exchange investments and did not have any intent or ability to pay the dividends and the principal they have promised.

Accordingly, the Defendants conspired to induce the victims as above and acquired money from the victims to the account under the name of the Defendant B on September 18, 2009 by receiving KRW 120 million.

2. On November 2009, Defendant A made a phone call to the victim H at the above F (State office) office, and made a false statement that “I would know about the company is well becoming a company and there is a good return rate. I would like to obtain profits by making more investments,” and around December 2009, the Defendants provided the victim with an explanation of the above investment.

However, even if the victims receive money from the victims, they tried to use it as dividends, office operating expenses, employee monthly pay, etc. for other investors, and they did not make foreign exchange investments and pay dividends and principal to the victims.