beta
(영문) 광주지방법원 목포지원 2016.12.22 2016고단1321

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant made a false statement to the effect that “A company making an investment in Korea has made an offer to return 18% interest on the principal on or around October 16, 2015, by phone calls from the victim B,” and that “a company makes an investment in funds, stocks, futures, options, and overseas real estate; and (b) shares or funds, such as the shares or funds, do not make an investment on a dangerous level; and (c) the money the width of which has taken place is no longer than that of a safe investment. The principal shall be guaranteed without any conditions, and even if the company receives no money, it shall return money on behalf of the company.”

However, it is unclear whether the defendant's investment company is in existence or not, and even the defendant's investment company did not know well about the operation method, such as the investment place of the company and the profit structure, so it could not guarantee profits from the above company. The defendant did not have any intent or ability to make repayment with interest added even if he did not have any specific property, even if he received the

Nevertheless, on September 4, 2015, the Defendant received KRW 15 million from the victim as the Cit Bank account under the name of the Defendant on the pretext of investment money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On September 6, 2015, the Defendant made a false statement to the effect that “If the Defendant sent the amount to be paid by phone calls from the victim, it would return 15% interest to the principal at this time on or around September 10, 2015.”

However, even if the Defendant received the investment money from the victim, the Defendant did not have the intent or ability to pay the principal to the victim with interest added thereto.

Nevertheless, the Defendant received KRW 10 million from the victim for the same day as the money invested.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint, a certificate of transfer, and a certificate;