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(영문) 부산지방법원 2013.11.06 2013고단2640

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On August 5, 2010, around August 5, 2010, the defrauded made a false statement to the effect that “D” office operated by the Defendant located in the Busan Northern-gu Seoul Northern-gu, “B shall not be considered an absolute damage on the part of the victim E. It received a large amount of investment money from other people.” On the other hand, the Defendant made a false statement to the effect that “I would make every month profit by investing in stocks.”

However, even if the defendant received investment money from the victim, he did not have the intent or ability to pay the profit without loss even if he invested or invested in the shares.

The Defendant received a total of KRW 20 million from the victim as a share investment deposit around that time.

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

2. On December 13, 2010, around December 13, 2010, the Defendant made a false statement to the effect that, at the place prescribed in paragraph (1) of this Article, “the Defendant had a building in a good place, and the investors meeting with the mind will also be the money at the seat of the victim. On December 13, 2010, the Defendant made a false statement to the effect that, by selling the building and selling it, the Defendant would make a profit of KRW 1 million per month.

However, even if the defendant received an investment from the victim, he did not have the intent or ability to pay the profit as above, because he invested in real estate or made an investment.

The Defendant received 30 million won from the victim for the purpose of investing in the building in the same place.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Copy of a cash custody certificate;

1. Each investigation report (requesting a criminal suspect to submit data relating to sources of investment funds and verifying whether an agreement is reached with the criminal suspect) shall be applied to the relevant statute;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;