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(영문) 인천지방법원 2020.05.14 2019고단6769

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 9, 2018, the Defendant made a false statement to the victim B, a land owner, to the effect that “after the purchase of the Korean won currency into Thailand after converting it into Thailand, the Defendant would benefit from USD 10% per month if it invests KRW 10 million.”

However, the fact was that the defendant's mother did not operate the bitco business, and even if the defendant received the money from the victim, the defendant was planned to invest it in the bitco business of the defendant's bitco.

Nevertheless, the Defendant, by deceiving the victim as above, obtained money of KRW 10 million from the national bank account (Account Number: D) in the name of the Defendant from the victim to the same day.

2. On March 15, 2018, the Defendant made a false statement to the effect that “The Defendant is running a business in the Thailand by distributing Kakakao-kymmons in Thailand. However, when investing KRW 50 million in that business, the Defendant would repay the principal after six months and pay KRW 4 million per month interest.”

However, the father of the defendant did not conduct the above business, and even if the defendant received the money from the victim, he was a plan to lend it to the defendant's petant C's health care program fund.

Nevertheless, the Defendant, by deceiving the victim as above, obtained money from the victim to the national bank account in the above Defendant’s name on the 19th of the same month from the victim and acquired money by transfer of KRW 50 million as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of the statutes concerning the content of Kakao Stockholmation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.