beta
(영문) 대전지방법원 2018.05.30 2017고단4463

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person working as an employee of “B” who is an investment company.

In fact, even if the defendant received money from the victims as investment money, he did not have the intent or ability to pay the principal or profit by investing in stocks, etc., as well as preventing the return, such as returning the investment money of other customers.

1. Nevertheless, the Defendant’s fraud against the Victim C, at the office B located in Daejeon Seodong-gu Daejeon on July 2016, the Defendant called the Victim C to pay the Victim C a fixed interest rate of 4.5% per annum if an investment is made by an enterprise, or securing real estate, etc., which would cause an absolute loss if an investment is made.

“Along on July 28, 2016, the perpetrator acquired 6,000,000 won from the victim’s transfer to another securities account (E) in the Defendant’s name.

2. On August 20, 2016, the Defendant against the victim F was called “4.5% fake” at the above B office around August 20, 2016 to the victim F.

If a stock product has been invested in 12 million won, the interest of 4.5% will be paid along with the principal after four months.

“A false statement” was received from the injured party with KRW 12,00,000 from the other securities account (E) in the name of the accused on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] There is no basic area (6 months to one year and six months) (special sentencing sentencing person) of Class 1 (less than KRW 100 million) [decision of sentencing] [decision of sentencing] and other records, such as the defendant's age, occupation, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various kinds of sentencing shown in the argument of this case.