beta
(영문) 울산지방법원 2017.12.14 2017고단3607

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is between the victim B who is the president of the business partner and the employee of the “general safety” corporation.

On April 2017, the Defendant called the victim at a place where it is not possible to know a place where she could not know, and called the victim, “I will supply the me to the President, the Esday Factory site, by which the employees would be tightly.”

Since No. 1 can get out of 20% of the total amount when it purchases and supplies it to the site, I would like to purchase and supply the full amount of the full amount of the full amount and pay the full amount of the principal.

“False speech was made to the effect that it was “.”

However, even if the Defendant borrowed money from the injured party at the time, he was willing to invest in online virtual currency purchase, not in full payment, and even if he borrowed money from the injured party without any specific property in excess of the debt at the time, he did not have the intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 38,40,000 from the victim, to the Agricultural Cooperative Account under the name of the Defendant, around April 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act, as the defendant invests in virtual currency, which is a very dangerous means of investment, but makes a false statement as if it is used for ordinary transactions, thereby deceiving a considerable amount of money exceeding 38 million won from the injured party. It is inevitable to punish corresponding to the deception in that

However, considering the fact that the defendant reflects the crime in depth, the fact that there is no significant same kind of force, the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime are considered.