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(영문) 서울중앙지방법원 2015.09.25 2014고단6935

사기

Text

A person shall be punished by imprisonment with prison labor for 7 months and by imprisonment for 1 month for the crimes of No. 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment was finalized on February 8, 2011. On January 16, 2014, the above court sentenced two years of imprisonment with prison labor for fraud, eight months of imprisonment with prison labor, and two years of suspended execution on January 24, 201, which became final and conclusive on January 24, 2014.

1. On November 13, 2008, the Defendant stated that “Around the Mapo-gu Seoul Metropolitan Government, the Defendant would be able to make an investment in the domestic real estate-related business and make a short-term profit,” and that “A short-term investment of KRW 10,000,000,000,000, the interest of KRW 80,000,000 and KRW 10,000,000,000,000,000,000 won will be paid to the victim D.”

However, in 2005, the Defendant was unable to pay KRW 100,000 and KRW 10,000,000,000 for the credit card loans, and was appropriated for living expenses by borrowing money from the neighboring people with the reliance on investment, and thus, there was no intention or ability to repay the money as agreed by the victim even if he received the money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received delivery of KRW 10 million on November 13, 2008 from the victim.

2. Around November 2, 2009, the Defendant stated that “Around November 2, 2014, the Defendant would be able to impose a large amount of money by making an investment as a futures option deposit if he/she will receive money from B,” and that “a principal shall be paid 400,000 won per day for interest on investment.”

However, in fact, since 2006, the defendant had been in a bad credit position and invested in stocks from the neighbors by raising money from the credit card payments in arrears, and had suffered big losses and failed to repay the debt, and there was a serious demand for payment. In addition, the debt related to the above FF operation is about KRW 1 billion and the amount of money from the victim.