beta
(영문) 서울남부지방법원 2020.04.08 2019고단3805

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 30, 2016, the criminal defendant against the victim B made a false statement to the victim B (e.g., the age of 31) of the parties involved in the process of purchasing and leasing an officetel in Seoul and making an investment of KRW 15 million in the process of purchasing the officetel in Seoul. The defendant would make an investment of KRW 120,000 per month.”

However, even if the defendant received the money from the victim as investment money, he did not have the intent or ability to use the above money or to pay the proceeds to the victim.

Nevertheless, the Defendant deceiving the victim as above, and then, he acquired the total amount of KRW 15 million from the victim to the Samsung Securities Account in the name of the Defendant on January 12, 2017, and KRW 5 million around February 16, 2017, respectively.

2. Crimes against victims C;

A. From July 2018, the defrauded introduced himself/herself as a joint representative of D’s “D” and as an investor, the Defendant was driving as if he/she had a considerable history and was in a personal relationship. On August 21, 2018, the defrauded made a false statement to the effect that “on August 21, 2018, at the victim’s residence located in Gwanak-gu, Seoul Special Metropolitan City, he/she did not receive any payment from the customer of the company, and that “on the other hand, the money is not circulated at present, because it is necessary to pay money due to personnel expenses, material expenses, etc., if the completion of construction is completed within 30 million won, it will be returned immediately. Under the premise of marriage, it would be possible to lend money on the premise of marriage, and even apartment houses located in Namyangyang-gu, to believe and lend it under the name of the party.”

However, the Defendant was not a joint representative or investor of D, and even if she borrowed money from the victim, she did not have the intent or ability to pay immediately.

Nevertheless, the Defendant, as seen above, deceiving the victim and deceiving it from the victim, constitutes Samsung Securities under the name of the Defendant, with KRW 30 million around August 22, 2018.