beta
(영문) 의정부지방법원 고양지원 2015.10.02 2015고단1731

사기

Text

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

Reasons

Punishment of the crime

On November 201, the Defendant stated that “C” in the restaurant “C” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do, Seoyang-do, that “E was merged with E” and “E was punished by more than 3 billion won. The F, a stock company operating E, would be seen as having more than twice profits within one year.” The Defendant stated that “I would sell 4,000 shares of 4,00 shares per share to KRW 10 million.”

However, in fact, the Defendant did not hold the above money with stocks at the time, and did not have the intent or ability to transfer the above money to the victim even if the Defendant received the money from the victim as it is thought that it would use the money from the victim for other stocks purchase funds, clothes purchase funds, existing debt repayment and living expenses.

The Defendant, as a result of the purchase price of shares from the victim, is KRW 5 million around February 10, 201, and the same year.

2. 29.20 million won around 29.20 million won, and the same year.

4.5.Written, around 10 million won, for the same year.

4. Around 26.26.3.75 million won was remitted to a new bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Statement made to D by the police;

1. Each statement;

1. Complaints (including attached documents of evidence 2 through 4), standard return on capital gains tax and statements of payment, details of account transactions in national bank, details of transfer and acquisition of stocks, details of transaction in new bank account transactions, details of each business registration certificate, and application of Acts and subordinate statutes of the corporation register;

1. The following facts are false: (a) the pertinent provision of criminal facts; (b) Article 347(1) of the Criminal Act; and (c) the F’s decision that the Defendant did not have the reasons for sentencing a sentence of imprisonment with labor; and (d) the Defendant received money from the victim as a sale price and received money as part of the amount of the accident’s money.