beta
(영문) 서울중앙지방법원 2012.11.08 2012고단5364

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 2, 2005, the Defendant was sentenced to six years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on April 30, 2010, and the parole period passed on May 28, 2010.

Around February 16, 2012, the Defendant found the victim H in Dong-gu, Dong-do and concluded a false statement to the effect that “B is an expert who has graduated from JJ and received a prize in the mother Investment Competition, and has made a big contribution to the past futures and options investment. At this time, the Defendant obtained an excessive opportunity to earn more than 30% of profits, and made an investment, 70% of the principal and earnings will be paid on March 20, 2012.”

However, there was no intention or ability to raise profits even if the victim received the investment money.

Nevertheless, on February 17, 2012, the Defendant made such a false statement and affiliated therewith KRW 150 million in the treatment securities account (K) designated by the Defendant on February 17, 2012, KRW 210 million in the same month, KRW 24.10 million in the same month, and KRW 24.10 million in the same month; and

3.7.4.4.4 million won has been remitted and a total of 264.4 million won has been remitted under the pretext of investments.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement related H;

1. A detailed statement of each soil transaction;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The period of punishment under Article 35 of the Criminal Act among repeated offenders [decision of the type of punishment] The type 2 (the amount exceeding 100 million won, the amount of less than 500 million won) of general fraud [the person under special appearance] [the scope of punishment by recommendation] increased [the range of punishment by recommendation] [the range of punishment by recommendation] 2 years and 6 years to 6 years [the person under general appearance] - The main reasons for suspension of execution] - Unagreement (decision of the sentence by illegal reasons] [decision of the sentence], but the amount of damage by imprisonment with prison labor for not more than 2 years was not recovered at all, it was sentenced to four years already sentenced to imprisonment.