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(영문) 창원지방법원 통영지원 2017.12.14 2017고합89

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E, told on September 11, 2008, the victim E to have a telephone at a place where it is impossible to know the place of light on September 11, 2008, and saying, “I will make a substitute investment because there is a fund with high return on profit.”

However, in fact, the Defendant did not make investment in the fund managed by G, who works for the new securities that received the investment money from the victimized party, and the Defendant did not have any ability or intent to make investment even if he received the investment money from the victimized party because it was thought that he would repay his debt.

As such, the Defendant, by deceiving the victim, received KRW 11,00,000 from the national bank account (H) in the name of the Defendant on the same day from the victim, and from July 5, 2017, acquired 514,03,380 as investment money through a total of 162 times, such as the victim E, from July 5, 2017.

2. The Defendant’s fraud against the Victim D by phone calls to the victim at a place where it is difficult to know about the light place in 2010, and “The friendly Gu has a friend of G who works in a new securities, and that friend connects friend connection with high-class friend.

B through B, it stated that if investments are made to their relatives, 100% of the profits may be guaranteed.

However, in fact, the Defendant did not make investment in the fund managed by G, who works for the new securities that received the investment money from the victimized party, and the Defendant did not have any ability or intent to make investment even if he received the investment money from the victimized party because it was thought that he would repay his debt.

On June 10, 2010, the Defendant deceptioned the victim and received 6 million won from the damaged party’s account (I) via the Defendant’s agricultural bank account (I) on June 10, 2010, and from that time, up to June 15, 2017, 187,261,703 won as investment money for a total of 80 times, such as a list of crimes in attached Form D (victim).