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(영문) 인천지방법원 2014.11.27 2014고단6673

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2012, the Defendant made a false call to the victim D at an unsound place in Incheon or lower Incheon, stating, “When investing KRW 20 million in futures/observers, the principal invested until the end of November 2012 shall be guaranteed, and KRW 30 million shall be paid in total, including the profits equivalent to 50% of the principal amount.”

However, at the time, the Defendant was in excess of the obligation, such as bearing the obligation of KRW 300 million, and whether the Defendant was able to gain profits from the financial instruments funded by himself or herself was extremely weak. Therefore, the Defendant did not have any intent or ability to reduce KRW 30 million to the end of November 2012.

As above, the Defendant, by deceiving the victim, received 20 million won from the victim to the national bank account in his own name on the same day, and acquired 10 million won from the time of such deception, and acquired 10 million won in total from the victims over 10 times, such as the attached crime list.

2. On February 19, 2013, the Defendant made a false statement that “When investing money to B, the principal shall be guaranteed, and the proceeds equivalent to 20% of the principal shall be guaranteed.”

However, at the time, the Defendant was in excess of the obligation, such as bearing the obligation of KRW 00 million, and whether the Defendant was able to obtain profits from the financial instruments invested therein, and there was no intention or ability to return the principal and the profits promised to the victim.

As above, the Defendant, by deceiving the victim and deceiving him/her, shall be four million won around February 19, 2013, six million won around February 27, 201, and the same year.

3.4.Minority: 15 million won, and the same year.

3. 15. Minority: five million won, and the same year;

3. 22. Minority: five million won, and the same year;

4.2.Around around 200, a total of KRW 50 million, such as the receipt of remittances, was acquired by defraudation.

Summary of Evidence

1. Defendant's legal statement;

1. Each of the defendants;