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(영문) 수원지방법원 안산지원 2017.01.06 2016고정1292

사기

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 1, 2015, the Defendant: (a) held the victim as his private person in the office of Liung-gu, Young-gu, Young-gu C and 606 (victim D) in the Dispute Resolution Co., Ltd., which was operated by the Defendant on April 1, 2015; and (b) held the victim as his appraisal and assessment.

section 3.

Therefore, since the investment fund service cost is required, it was false that the investment fund is 14 million won which is 1% per investment.

However, the defendant was not an appraiser, and there was no intention or ability to attract investment of KRW 1.4 billion.

On April 1, 2015, the Defendant received total of KRW 14 million from the damaged party, KRW 3 million on April 22, 2015, and KRW 6 million on April 29, 2015 from the Defendant’s new cooperation account (F) under the name of the Defendant, and acquired KRW 14 million on the pretext of investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for verification of transfer of Internet banking;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the fact that there was a previous conviction in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, but only the victim agreed to do so;