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(영문) 의정부지방법원 고양지원 2018.03.29 2017고단3596

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On January 31, 2017, the Defendant, who was aware of around January 31, 2017, contacted the victim C with telephone call at the remote space and distributed 2% of the monthly fixed dividends if he/she invested KRW 300 million.

“.....”

However, in fact, the Defendant did not proceed with a gold-related business that is guaranteed a stable profit at the time, and even if having borne a large number of debts and received investments from the injured party, it was thought that it would be used to repay its debts, and there was no particular property owned otherwise, so even if having received investments from the injured party, there was no intention or ability to return the investment money.

Ultimately, the Defendant, as seen above, was accused of the victim, and was remitted KRW 300 million from the victim to the victim on January 31, 2017.

2. On July 19, 2017, the Defendant: (a) contacted the victim by phone calls around July 2017; and (b) “When it is made by extracting the net amount from the Cheongsium containing the liquidation interest, 10% a month is ended; (c) success of 100% a month; (d) invested KRW 300 million and distributed 5% a month between two months; and (e) returned the principal to September 20, 2017, after the two months.

In addition, 30 million won prior to the loan will be repaid.

“.....”

However, as the defendant continued the situation like Paragraph 1, even if he received additional investments from the injured party, he did not have the intent or ability to return the investment money as agreed upon by the injured party.

Ultimately, the Defendant deceivings the victim as above and received KRW 300 million from the damaged party as additional investment money around July 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiry into the details of deposits and transaction details, and application of Acts and subordinate statutes on account transactions in a new bank account under the suspect's name;

1. Criminal facts;