(영문) 수원지방법원 안산지원 2014.04.23 2014고정603



Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.


Punishment of the crime

On May 2012, the Defendant made a false statement that “The victim would have sufficient funds to take over a store located in BB,” while soliciting investment, “The D, the president of the C private teaching institute, intends to dispose of KRW 40 million to B, due to the sudden circumstances of D, which led to the c private teaching institute’s disposal of KRW 40 million. When investing KRW 40 million in the acquisition fund of a private teaching institute, the Defendant would take over the private teaching institute and repay the profits accrued from operating the private teaching institute and the principal of the investment to KRW 2,00,000 per month.”

However, in fact, D already refused to accept the proposal of the defendant at spring around 2012, and D had no intention or ability to return the profit and the principal of the investment even if the defendant received money from the victim because it was planned to use the money in full for the repayment of the victim's debt amount to 37 million won at the time.

As such, the Defendant, by deceiving the victim and deceiving him, to the new bank account under the name of the Defendant from the victim, KRW 3 million around May 23, 2012;

5.31.Around 31.20 million won;

6.1.7 million won around the day;

6. A total of KRW 40,000,000,000,000 shall be remitted and acquired through deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A specification of transactions;

1. Application of Acts and subordinate statutes of credit information inquiry;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;