beta
(영문) 의정부지방법원 2020.01.16 2019고단3167

사기

Text

A defendant shall be punished by imprisonment for one year.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant introduced the victim B, who is the Defendant’s seat, at the soup Doacheon-si, Sacheon-si, Sacheon-si, the Defendant made a false statement stating, “This person is a high number of futures investment, he is a distribution of futures options from E, and upon making an investment to E, he/she pays monthly income equivalent to 12%, and return the principal within one year.”

However, the fact does not confirm whether E is a person who actually makes an investment in futures option, and even if the victim receives a futures option investment, there was no intention or ability to pay the profit through normal futures option trading.

On December 10, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100,000 from the victim’s wife account (Account Number: H) in the name of G bank account in the name of the Defendant’s fatherF; (c) received KRW 20,000,000 from the J account in the name of the Defendant’s wife around the 22th of the same month; (d) KRW 20,000,000 from the above account around the 28th of the same month; and (e) received KRW 1,41,00,000 from the above account as investment money on the 31st of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. A certificate of confirmation, a detailed statement of each deposit transaction, and a statement of deposit and withdrawal;

1. Application of Acts and subordinate statutes to loan certificates, content certificates, each specification of transactions, and specification of transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Judgment on the assertion by the defendant or his/her defense counsel under Article 32 (1) 3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Litigation (the scope of liability for compensation is not clear, such as payment of part

1. KRW 100 million deposited in the name of F of the summary of the argument is only delivered to E by the Defendant with the money that the victim remitted to E.

2. Determination is based on the evidence duly adopted and examined by the court.