특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for seven years.
The defendant shall pay 209,192,290 won to C who is an applicant for compensation.
3.2
Punishment of the crime
【2012 Gohap1294】
1. Around 2001, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to his family as a court employee even though he was unemployed at the time of marriage. Since 2003, while he was professionally engaged in stock investment at his home, he was willing to acquire the investment money by using the fact that his family members are misunderstanding the Defendant as a court employee in 2006.
Around October 5, 2006, the Defendant called the victim F, who is a lodging room, to the victim F, who made a call to the court employees, saying, “In the event that there is a system that guarantees high-income safely by receiving an investment from the court employees, 10 million won will guarantee the principal and pay the dividends by 1% per month. It would substitute an investment in the name of the company, which would change the grant of the investment money.”
However, the defendant was not a court employee, and there was no such investment system within the court, and even if he received investment money from the victim, there was no intention or ability to deliver the principal and dividends to the victim.
On October 26, 2006, the Defendant received KRW 200,000 from the victim’s new bank account (G) in the name of the Defendant around October 26, 2006.
The Defendant received a total of KRW 2,160,000,000 from around that time to January 29, 201 by the same method over 32 times, as shown in the attached crime sight table (1).
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
B. On August 22, 2007, the Defendant called the victim H, who was the wife, called “after purchasing the auction goods from the court with the number of employees of the court, and then distributing profits by re-saleing them, but the high profits are guaranteed.”
However, the defendant was not a court employee, and even if he received investment money from the victim.