사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On November 2014, the Defendant committed the crime against the victim B at the victim B’s house located in Seo-gu, Seogu, Daegu, Seo-gu, 2014, saying, “The Defendant made an investment in stock futures, raising a lot of profits, and received an investment from other persons, and paid a lot of profits to them.” As such, the Defendant made a false statement to the elderly victim who did not know of the characteristics of the futures investment as to the characteristics of the futures investment, that “I would bring a lot of profits to them more than 10% per month on the face of the investment.”
However, stock futures investment is not a high risk investment, and the defendant has experience in investing in the futures with his own small-value funds, and there was no experience in collecting investment funds from others, and there was no intention or ability to repay the principal and the profits to the victim in the future because there was no particular income or assets as a bad credit holder.
The Defendant received a total of KRW 95 million from September 28, 2016, including that the Defendant received KRW 3 million from the victim as an investment deposit around November 3, 2014, from that time, from that time until September 28, 2016, as shown in the List of Crimes (1).
Accordingly, the defendant was given property by deceiving the victim.
2. On July 2015, the Defendant committed the crime against the victim C, with the introduction of the above B in front of the hotel in Daegu-gu E, Daegu-gu, the Defendant made a false statement to the same effect as that of the preceding B to the victim.
However, stock futures investment is not a high risk investment, and there was a continuous investment loss in the futures trading invested with the funds of B at that time, and there was no intention or ability to repay the principal and profit to the victim in the future because there was no particular income or property as a credit bad person.
The Defendant, from the victim on July 9, 2015, is KRW 5 million under the pretext of investment.