beta
(영문) 서울중앙지방법원 2018.01.11 2017고단5484

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant, on June 2012, rendered the victim D an opportunity to live shares in return for the contribution to the merger of a patent-holder company, in that of mutual influent coffee near the station in Seoul, the second half of the year.

A false statement was made to the effect that if a company that has a new technology as a patent purchases the unlisted stocks of the company, it may make a profit of 20 to 30 times at the time of listing in the future.

However, in fact, the defendant paid the interest of 450 million won when the bonds were to be paid, and there was a need for family members to pay the amount continuously due to hospital expenses and school expenses, etc., and did not have an opportunity to purchase shares in relation to her husband and did not have an opportunity to purchase shares, and there was an idea to pay other debts with the money received.

Nevertheless, on June 26, 2012, the Defendant had received KRW 100,000 from the victim by deceiving the victim as above and deceiving the victim, through the bank account (Account Number: E) opened in the name of the Defendant on the purchase price of unlisted stocks on June 26, 2012, and thereafter received a total of KRW 17,09,000 from September 11, 2014.

Accordingly, the defendant acquired the property from the damaged person.

2. On October 7, 2013, the Defendant made a false statement to the effect that “Around October 7, 2013, the Defendant would lend KRW 500,000 to a third party in order to purchase real estate redevelopment at a close place.”

However, in fact, the defendant paid the interest of 450 million won when the bonds were to be paid, and there was a need to continuously pay the money due to family's hospital expenses and school expenses, and there was no plan to purchase real estate, and there was an idea to pay other debts with the money received.

Nevertheless, it is not appropriate.