beta
(영문) 부산지방법원 2020.05.13 2020고단715

사기등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around February 2018, the fraud Defendant stated that “A Music Research Institute in Changwon-si C Music Co., Ltd., Changwon-si B is making an investment in E broadcast, and at this point it sets up a large amount of interest equivalent to 15% of the principal per month by making an investment in E broadcast.” The Defendant said that “I will return at any time when the principal is required.”

However, even if the Defendant received money from the victim as investment money, it was actually the Defendant’s plan to consume money with the Defendant’s living expenses, children’s education expenses, apartment pre-households, carpets, etc., and there was no intent to make futures investment in E Broadcasting. In addition, the Defendant was willing to receive the investment money from the victim to return the principal and the profits to the existing investors in order, and thus, even if the money was received from the victim, there was no intention or ability to repay the profit and the principal as promised by the victim

Nevertheless, on February 28, 2018, the Defendant: (a) by deceiving the victim by such means as above; (b) received from the victim a transfer of KRW 50 million to G account (Account Number: H) in the name of the Defendant’s fatherF; and (c) received from that time on April 15, 2019, a total of KRW 340 million from that time on nine occasions as shown in the list of crimes in the attached list of crimes.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report under other Acts and subordinate statutes, shall receive contributions from many and unspecified persons under an agreement to pay the total amount of contributions or an amount in excess thereof in the future;

Nevertheless, as described in paragraph (1), the Defendant shall pay the victim the full amount of the profits equivalent to 15% per month and the principal in the future around February 28, 2018.