beta
(영문) 대구지방법원 2014.10.23 2014고단3871

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 2010, the Defendant, a person running a stock company E with D in Daegu Dong-gu, Daegu-gu, to purchase construction materials and publicize as if he could raise a lot of profits by selling them, and to receive money from many unspecified persons as investment money.

No one shall engage in any business of raising funds from many and unspecified persons without obtaining authorization, permission, making registration, making a report, etc. under other Acts and subordinate statutes, and agree to pay the total amount of investments in the future or an amount in excess thereof in the future without receiving the investments, etc.

Nevertheless, around May 2010, the Defendant made a false statement to the victim F in E office that “The Defendant would purchase the building materials from a stolen company or a foreign country with a dumping in cash, thereby making profits from the sale. If the Defendant invests KRW 10 million per week, it would pay KRW 14 million per share.”

However, due to the fact that there was no other profit structure, there was no intention or ability to pay the amount promised to the victim.

The Defendant, as such, by deceiving the victim as such, received KRW 18.5 million from the victim as an investment deposit around May 28, 2010, from the victim, and received from the victim a total of KRW 26.4 million from that time until June 21, 2010.

Accordingly, in collusion with D, the defendant was engaged in an act of receiving money without delay, and acquired money from victims as investment money.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by each prosecutor's office with respect to G, H and F;

1. A copy of each police statement made to I, J and K;

1. A copy of each of the partnership agreements, each notarial deed, copy;