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(영문) 서울중앙지방법원 2016.05.04 2016고단250

사기

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 12, 2014, the Defendant, along with the victim D, made a false statement to the victim, stating that “B shall make an investment of KRW 100,000 to the Marina located in the Thailand by making an investment of KRW 100,000 to the Marina located in the Thailand.”

However, at that time, the Defendant was unable to pay the wages to his employees in a normal way, and even if the Defendant received KRW 100 million from the injured party, he thought that he would use the said wages in other places, such as the Defendant’s repayment of the Defendant’s obligation. Therefore, the Defendant did not have any idea to invest the said money in the manner where he was born. Therefore, the Defendant did not have any intent or ability to reduce the Defendant’s profit amounting to KRW 5 million every month.

Nevertheless, on October 16, 2014, the Defendant: (a) by deceiving the victim as above; (b) received 30 million won from the victim under the name of the Defendant for the purpose of making an investment; and (c) received the remittance of 30 million won from the flood bank account opened in the name of the Defendant on October 16, 2014 to November 25, 2014, as indicated in the following crime list, from October 16, 2014 to 174 million won as stated in the list of crimes; and (d) acquired it through the Defendant’s flood bank account under the name of the Defendant’s money invested.

[Attachment List of Crimes] On October 16, 2014, 12014, the Defendant made a false statement to the effect that “B shall make an investment of KRW 100,000 in a marina room located in his/her mother country and receive KRW 5,00,000 per month” to the Defendant on October 17, 2014. 3,5003, 2003, 2003, 504. 16, 2014, “The Victim may receive KRW 5,00,000 per month additional money from the Defendant” to the effect that “The Victim may receive KRW 5,00,000,000 per month additional money from the Defendant on November 16, 2014, 2005, 1,4005, 17, 1004, 2014, 2005,614. 16,2005.

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning D;

1. Inquiries about the details of passbook transactions and transaction details;

1. A criminal investigation report (the criminal suspect's previous records, written judgments, and accompanying and analyzing reports);