beta
(영문) 서울중앙지방법원 2017.11.02 2016고단4574

사기등

Text

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

Reasons

Punishment of the crime

[2016 Highest 4574] The Defendant did not have the intent to use it in office rents, etc. even if he received a stock investment from another person, and did not have any intent to make a stock investment, and did not have any special property at the time and did not have any monthly income and did not have any intent or ability to guarantee the principal of the investors in the event of loss due to the investment of stocks

1. On September 27, 2013, the Defendant, on September 27, 2013, calls from the victim E ( South and 41 years of age) at an unclaimed place on September 2013, the Defendant is obliged to make an investment by an expert with a view to 20 years of age, i.e., the date on which an individual suffers damage.

B. In the event of a contract for the full-time investment, it is possible to obtain 2-3% profits each month, and re-investment of profits and make profits in the form of a monthly welfare and guarantee the principal of investments even if they have incurred losses.

“Along on September 27, 2013, a person who deceivings a victim by making a false statement, and was transferred KRW 3 million to the bank account of the name of the defendant to the Korean bank account of the defendant around September 27, 2013.

2. On November 8, 2013, the defrauded on November 2013, 2013, at a law firm G office located in Gangnam-gu Seoul Metropolitan Government FF, the Defendant should make an investment in the victim H ( South, 45 years old). “Stock investment is a structure with which an individual would cause damage, and an expert with know-how 20 years old, such as B.

B. When a contract for investment is made, it is possible to obtain 2-3% profits each month, and it is possible to re-investment profits in the form of a monthly welfare, and the principal will be guaranteed even if the profits are incurred and losses are incurred.

‘Falsely speaking, it received 60 million won from the injured party to the bank account in the name of the defendant under the name of the injured party for the purpose of investment.

3. On January 2014, the Defendant attempted to commit fraud by phone call to the victim H at the top of a place where a police officer was not a police officer, and “the customer’s property entrusted to B with investment was 1,000 million won.”

The principal and earnings have been paid to its customers almost all, and the current 19.4 billion won has been left.