특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than two years and six months.
Criminal facts
[2016Gohap229]
1. The Defendant, who has been invested in money from D and E, has been making an investment in stocks with his own money, but even though most of the investment money has been lost, it was necessary to pay funds to the said person as a profit-making source, as well as funds to make an additional investment in order to meet the loss of the investment, thereby deceiving another person as if the said person had a certain investment source.
Around November 30, 2007, the Defendant made a false statement to the effect that “The victim G is a person who has good stocks, and that person is the head of the team in charge of the mother’s company’s alky shares. The head of the team in charge of the parent company’s alky’s shares, who makes an investment identical to the profit-making day, will give the principal and the profit-making within two months.”
However, the defendant did not have the team leader in charge of corporate shares, and the defendant thought that the defendant would use the investment funds received from the victim for stock investment or pay the investment funds as if they were earnings from the above D and E.
On November 30, 2007, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the Es (H) bank account under the name of the Defendant on November 30, 2007. From that time, the Defendant received a total of KRW 140 million from that time on two occasions, such as the [Attachment 7 and 8] Nos. 7 and 8 of the List of Crimes.
B. Around January 17, 2008, the Defendant made a false statement to the effect that “A Dong is working for a foreign financial company, is working for a foreign financial company, and is working for the disclosure of the company in the Hong Kong Party, and, if an investment is made in the face of this three-month investment, a stable profit will be guaranteed.” The Defendant made a false statement to the effect that “A Dong is working for a foreign financial company, and is working for the disclosure of the company in the Hong Kong Party.”
However, in fact, the defendant did not have any foreign financial company engaged in the U.S. bonds and the business disclosure of Hong Kong, and the defendant was received from the victim.