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(영문) 서울중앙지방법원 2014.11.13 2013고단2692

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, while working in a life insurance company, has caused victims to subscribe to pension insurance, etc. and has been given investment consultation, will make investments in goods operated by the financial company to the victims.

In order to operate the direct investment money by receiving the investment money under the pretext that it will make an investment in the bonds issued by a large enterprise.

1. On December 2009, the Defendant made a false statement with regard to B, at the music practice room of the victim B (the age of 47) located in Seocho-gu Seoul, Seocho-gu Seoul (hereinafter “C”), that “E and F” goods are “D” and “E and F” goods may be invested in the said goods, and thus, a large amount of profits may be paid upon transfer of KRW 280 million.”

However, the above product is not a product operated in D, and even if the defendant receives money from the victim for the purpose of investment, he/she did not have any intention or ability to leave the money to D.

The Defendant received KRW 280 million from the victim to the H bank account (I) in the name of G Co., Ltd. operated by the Defendant on the seventh day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud to J

A. A. Around December 2009, the Defendant: (a) on December 2, 2009, at the victim JJ’s home located in K Apartment L, the Defendant made a false statement to the effect that “If he/she purchases bonds issued by N, he/she would purchase N bonds under the name of J if he/she would sell more and more stable investment funds than the commercial bank interest rate; (b) he/she would purchase N bonds under the name of J if he/she would pay investment proceeds once every three months.” (c) Around that time, the Defendant made a false statement to the JJ for the same purpose.

However, even if the defendant receives money from the victim for the purchase of N Bonds, he did not intend to purchase the above bonds with the money.

The Defendant is the name of the said G Co., Ltd. around that time from the victim.