특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
On August 17, 2018, the defendant appealed to the Cheongju District Court after being sentenced to imprisonment with prison labor for ten years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and is still pending in the appeal trial.
『2018 고합 155』 피고인은 2015. 12. 경 세종 시에 있는 B 부동산 사무실에서 피해자 C에게 “ 돈을 투자 하면 금을 샀다가 팔아서 큰 수익을 내 어 원리금에 수익금까지 지급해 주겠다 ”라고 거짓말하였다.
However, in fact, the Defendant had the intent to receive money from the injured party and use the principal and interest to return to the existing investors because the Defendant had already been in a state of not paying the principal and interest and earnings after attracting the investment money from the investors in several hundreds of money, and thus, even if receiving the money from the injured party, there was no intention or ability to pay the principal and interest and earnings properly to the injured party.
As such, the Defendant: (a) by deceiving the victim; and (b) received from the victim, KRW 828 billion from the victim’s residence in Sejong City building and the victim’s residence in E, under the pretext of money investment; (c) KRW 360 million on March 22, 2017; (d) KRW 180 million on August 18, 2017; and (e) KRW 65 million on December 11, 2017; and (e) received KRW 1.433 billion on the aggregate of KRW 65 million around December 11, 2017.
"2018 Gohap 229"
1. On April 11, 2017, the Defendant, who committed a crime against the Victim F, calls from the Cheongju-si G to the wife of the Victim F, and (a) calls from the Cheongju-si, Cheongju-si, to “I would give a profit once a month by trading the gold in possession.”
“Falsely speaking,” and all these shall give the victim a monthly profit if they leave the gold.
“A false representation was made.”
However, in fact, the defendant has already been attracting investment money from investors under the pretext of gold investment, and has failed to pay the principal and interest and earnings properly, so even if he has received money from the injured party, the principal and interest to be returned to the existing investors.