beta
(영문) 수원지방법원 2018.11.01 2018고단2406

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant, on January 12, 2018, sentenced the Seoul High Court to four years and six months of imprisonment and one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on January 20, 2018, and the judgment became final and conclusive on January 20, 2018. On April 24, 2018, the Defendant was sentenced to one year of suspension of the execution of imprisonment for six months as fraud at the Suwon Fagwon, and the judgment became final and conclusive on May 2, 2018.

【Criminal facts” in the vicinity of Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, the Defendant operated a private hall in Kimpo and Incheon.

If an investment of KRW 123 million is made, it is intended to distribute profits by operating the 5 places of Kimpo and the 5 places of the sand in Incheon.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not import through the operation of the Stoptop, and he would give profits when investing in the Stoptop business.

“As a matter of course, from June 30, 2014 to many people including E, F, G, H, I, J, and K, there was a burden of KRW 00 billion on the part of them. In addition, even if the victims received money from them, they were plans to use them for the repayment of their existing obligations, and thus, they did not have the intent or ability to pay the principal and the profits to the victims.

Accordingly, the Defendant, by deceiving the victims as above, received a total of KRW 123 million from July 28, 2015 to the M bank account in the name of L on three occasions from July 31, 2015 (the amount obtained by deceiving the victims D, KRW 61.5 million, and KRW 61.5 million to the amount obtained by deceiving the victims C).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, C, and N;

1. A record of N Testimony, or a record of I testimony;

1. Statement made by the police against theO;

1. Reporting on hearing of oral statements by telephone;

1. A letter of agreement, a letter of agreement on the operation of a private forum, a joint agreement on the operation of a forum, a letter of agreement on account transactions, a letter of certification (investment agreement), a summary statement (N and evidence No. 45), three copies of cash storage, a document of civil procedure between the complainant and P;