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(영문) 광주지방법원 2016.02.18 2015고단3932

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, “C” on January 29, 2015, is a person operating an Internet Kafbook, and around January 29, 2015, a victim D (31) who is a member of the Kafbook, is called “an investment without any loss of principal, thereby securing a safe investment fund through bank loans, since the minimum investment unit is guaranteed as the principal amount of KRW 100 million due to an investment without loss.”

A false message was sent to see that internal directors believe and make investments, and that they would guarantee 40% of profits and principal of 40%.

However, even if the defendant received an investment from the injured party, he did not have the intent or ability to guarantee the principal or 40% profit.

The Defendant received KRW 15 million from the damaged party to the Gwangju Bank account (F) in the name of the Defendant’s wife E in addition to receiving KRW 10 million from the damaged party to July 13, 2015, from that time, the Defendant received a total of KRW 110 million from that time to that of the above E’s account in the name of the said E, and transferred KRW 10 million to the Gwangju Bank account (Serial number: G) in the name of the Defendant, and received from the damaged party a total of KRW 120 million on nine occasions.

Accordingly, the defendant was given property by deceiving the victim.

The Defendant 2015 Highest 4690 was a person operating an Internet car page called “C”, and the fact was a plan to use part of the invested money as living expenses, etc. even if the Defendant received the investment money from the victim H, there was no intent or ability to raise profits.

Nevertheless, on December 2014, the Defendant called the victim at a Buddhist area not exceeding Gwangju, and made investment KRW 15 million in operating a car page.

In the first six-month period, 1% of the principal, 1.5% of the principal from that to the 11th month thereafter, and 2% of the principal in the last 12-month shall be returned to the profits, and the victim was remitted to 15 million won under the name of the ordinary investment on the 11th day of the same month.

The defendant, including this, is from the point of December 11, 2014.