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(영문) 광주지방법원 순천지원 2016.02.17 2015고단2697

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant (one person: D) came to know of the victim through the omission of the victim C around August 2012, 2012, the victim got aware of the victim. On January 2013, 2013, Defendant (one person: one person) attempted to donate a name tag to the victim, and had the victim receive money from the victim by committing his/her behavior as he/she is a personnel of the NIS.

Around January 2013, the Defendant examines the list of shares of an enterprise called Amincule when working as the head of the NIS at an infinite location (hereinafter referred to as the “head of the NIS”), and it is certain that the Defendant will pass through the examination of Amincule and Sacule, even though considering the representative of the company.

It was proposed from the representative of the company that the company will take over 500 won per share, and there is no desire to take over money with a large amount of money in the Republic of Korea. I would like to buy and pay money to you.

“A false statement” was made.

However, even if the defendant is not an employee of the NIS and receives money from the victim, he/she did not have the intent or ability to purchase the ICO stocks or to pay the proceeds therefrom to the victim.

Defendant deceiving the victim as above and received KRW 18,00,000 from the damaged party to the Agricultural Cooperative account in the name of E in terms of the purchase cost of shares on February 4, 2013, and acquired the victim’s phone call from February 4, 2013 to August 17, 2015, or directly obtained KRW 22,150,000 from the damaged party by deceiving the victim as stated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A complaint;

1. Details of deposits transactions and specifications of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the choice of punishment for the crime (including cases where the details of deception on the list of crimes are identical) and the selection of punishment for imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.