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(영문) 대구지방법원 2018.10.05 2018고합311

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 2017, the Defendant, at the convenience store located in Daegu Dong-gu, Daegu Dong-gu around the end of September, 2017, “The Defendant is investing in the department store merchandise trading business through an internal branch, and the Defendant will deliver the money to the branch to the branch, and will pay 2% of the amount invested every day as a dividend.

“False speech was made to the effect that it was “.”

However, the defendant did not have any particular income at the time, and the defendant received investment money from the department store trading business from the surrounding people and delivered it to the beneficiary, and should pay money to the investors by defrauding it. Since he thought that the damaged investment money was used to repay debts to the existing investors, even if he received the investment money from the damaged party, he did not have any intent or ability to make profits to the victim or to pay the principal by investing it in the department store trading business.

Around October 23, 2017, the Defendant received 100,000,000 won in total from the damaged party under the name of E bank account (F) in the name of the Defendant’s designated D bank account (hereinafter referred to as “the Defendant”), from around October 23, 2017, as well as from March 26, 2018, from that time, from March 23, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. A complaint, and data on the details of each damage;

1. Application of Acts and subordinate statutes to investigation reports (with respect to the details of the transfer of the damaged amount (the relative account number), I (A) transaction;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following circumstances considered among the reasons for sentencing) and the accused.