beta
(영문) 서울중앙지방법원 2020.04.08 2020고단1173

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around July 4, 2016, the Defendant, who committed the crime against the victim B, called “a victim’s phone calls to the victim and borrowed money from C with a hospital opening business funds as he/she promised to transfer KRW 600 million out of the total amount of inherited property, and, if he/she lends money to the victim, he/she would immediately repay money to the victim.”

However, the defendant did not have any property inherited, and even if he borrowed money from the victim due to no particular income, he did not have any intention or ability to repay the money.

Nevertheless, the Defendant deceiving the victim as above and received 300,000 won in total from July 30, 2019 to the Nonghyup Bank account (D) in the name of the victim used by the Defendant on the same day from the victim, and received 80,113,000 won in total from that time until July 30, 2019, as shown in the attached list 1 of the crime list.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 2019, the Defendant committed the crime against the victim E, F, G, and H stated that “The victim E, who was hospitalized in the J Hospital D's ward located in Gwanak-gu Seoul Special Metropolitan City, the father of the Defendant in the J Hospital D's hospital, would be able to purchase the unlisted stocks of the venture business publicly announced by the Government to purchase KRW 9,000 per share of KRW 9,00 per share.”

However, the defendant did not work with the Defense Acquisition Program Administration, and as the non-listed stocks of venture business do not exist, there was no intention or ability to purchase non-listed stocks even if the victim receives the stock purchase fund.

Nevertheless, the defendant deceivings the victim E and receives 537,00 won from the national bank account (M) in the name of K designated by the defendant from the victim E as the fund for purchasing shares.