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(영문) 서울서부지방법원 2019.01.30 2018고단4140

사기

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around June 2016, the Defendant is a marketing director of the C branch located in Gangnam-gu Seoul building B and has been engaged in insurance business.

1. The Defendant: (a) on June 27, 2016, the Guro-gu Seoul Building and the “F D D D D D D D D” operated by the victim E located in the second floor; and (b) on February 2016, the Defendant made a false statement to the victim that “The head of the G office obtained 30% profits by making an investment in the UNFCCC around February 2016. At present, the exchange rate strong is accelerating; (b) the investment in the UNFCCC was not delayed; (c) the amount of profits of 10% within a month would be the date of making an investment in the UNFCCC. If the Plaintiff sent the investment funds to be exchanged into the UNFCCC, the amount of profits would be 10% profits within a month.”

However, the defendant only intended to use some of the funds because of urgency such as living expenses and repayment of debt, and did not have the intent or ability to exchange all of the funds into UN even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received KRW 100 million from the Hbank account (I) in the name of the Defendant on the same day, exchanged only KRW 72 million into the United Nations, and used KRW 28 million as urgent debt repayment and living expenses.

2. In “F Dental” as indicated in paragraph (1) of August 17, 2016, the Defendant made a false statement to the effect that “The Defendant invested in rap-free goods will have an investment product. The investment would result in an earning rate of up to 8-10% for six months, i.e., an annual rate of return. This product will also invest a large amount of return.”

However, in fact, the defendant was in need of urgent money such as living expenses and repayment of debt, and there was no intention or ability to make an investment in rap-invested goods even if he received money from the victim for the purpose of investment in rap-traps.

Nevertheless, the defendant deceivings the victim.