beta
(영문) 서울서부지방법원 2017.05.12 2016고단4127

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 26, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Jung-gu District Court on September 3, 2015, and the judgment became final and conclusive on September 3, 2015. On January 8, 2016, the Defendant was sentenced to two months of imprisonment for the same crime at the same court on the same date, and the judgment became final and conclusive on January 16, 2016.

[2] The Defendant, even if he received money from the victim C as an overseas futures option investment fund, was able to use only a part of the money as an overseas futures option investment fund, and the remainder was used for the repayment of his own debt. There is no specific property from approximately KRW 2 billion and there is no other property, and there is no intention and ability to pay the money used for the repayment of his own personal debt.

Nevertheless, the Defendant, around January 18, 2015, uses the money to make overseas futures options investment to the victims in the office of the “E Authorized Broker” operated by the damaged party in Gangseo-gu Seoul Metropolitan Government D.

B. On the other hand, the Defendant received KRW 22 million from the injured party on the same day through the national bank account (Account Number:G) in the name of the Defendant’s wife F designated by the Defendant, and used KRW 4.8 million as an overseas futures option investment fund, and used the remainder of KRW 17.2 million as the Defendant’s debt, etc.

From that time to February 9, 2015, the Defendant acquired a total of KRW 12,9310,00 from the Defendant to five times in total as shown 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. Investigative report, investigative report (to hear statements by the complainant), investigation report (to analyze copies of bankbooks), investigation report (to determine the authenticity of the accused's assertion); and investigation report (to determine whether the accused's assertion is true);

1. An agreement on consignment transaction with the principal, a detailed statement of transaction by account, a certificate of confirmation, a copy of a passbook, and a new bank reply;

1. A previous conviction: A reply to inquiry. An investigation report (a confirmation of the criminal records of the same kind of crime as the suspect and related thereto.