beta
(영문) 수원지방법원 2017.04.13 2016고단7730

사기등

Text

Defendant’s each crime of the 2016 senior group 7730 cases, the 2017 senior group 776 cases, and the 3st class 2017 senior group 1141 cases.

Reasons

Punishment of the crime

[criminal records] On October 25, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon prison, etc. on December 27, 2012, and the judgment became final and conclusive on December 27, 2012, and the execution of the sentence was terminated at the said prison on June 24, 2013. On July 23, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon prison, and the judgment became final and conclusive on March 12, 2015, and the execution of the sentence was terminated at the said prison on April 30, 2015.

[Criminal facts] 2016 Highest 7730

1. On May 2016, the Defendant would return 10% interest to the Victim L with the principal, if he/she has invested money in stocks.

“.....”

However, since the defendant was about KRW 100 million of personal debt at the time, even if he received the investment from the injured party, he was thought to use it as personal debt repayment, etc., and there was no intention or ability to make profits by investing in the shares.

As above, the Defendant deceivings the victim as above, and acquired 1 million won in total from the victim to the account in M on May 26, 2016, and 5 million won in total from the same account on May 27, 2016 to the same account on May 27, 2016.

2. On June 22, 2016, the Defendant committed the crime against the Victim N, in the “P” dance institute where the Victim N works in Seongbuk-gu, Sungnam-si, Sungnam-si (O), “The Victim has an investment claim once a month where there is a person who knows to the Fund.”

It is no reason to view it as damage, because it has received it.

It is expected that 10 million won will be paid 10% of the earnings in the lurging up to the investment.

“.....”

However, since the defendant was about KRW 100 million of personal debt at the time, even if he received the investment from the injured party, he was thought to use it as personal debt repayment, etc., and there was no intention or ability to make profits by investing in the shares.

The defendant deceivings the victim as above, and his deceivings the victim as the name of capital investment from the damaged person on June 23, 2016.