beta
(영문) 서울북부지방법원 2020.11.05 2020고단1448

사기

Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 2016, at a place where a place is unknown, the Defendant made a false statement to the effect that “If the Defendant has invested KRW 50 million in the business related to C previous cable, 50 million shall accrue each month.” The Defendant made a false statement to the effect that “The Defendant would create KRW 1500,000,000,000,000,000,000,000 won, out of the revenue of KRW 5 million every month, and would create KRW 100,000,000,000,000 won, from August 2019.”

However, at that time, the Defendant was well aware of the fact that the Defendant was unable to make a profit by making an investment in the business related to the Gu, since he was unable to pay the investment money to D, which was solicited to raise the investment money of the “Guri-related business,” and the Defendant was aware of the fact that he received money from the victim as the investment money of the business related to the Guri-related business, and that he was willing to use it as the personal loan to the operating fund and the person of the business related to the Guri-related business. Thus, even if he received money from the victim as the investment money of the business related to the Guri-related business, the Defendant did

The Defendant, as above, by deceiving the victim, received KRW 50,00,000 from the nearest 13:30 on December 12, 2016, from the victim, the Defendant was issued KRW 50,000 at the Ftroping Points located in Seocho-gu Seoul Metropolitan Government E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A complaint filed by the police against B, G, H, and D on each police statement, a detailed statement of account transactions, a performance statement, a promissory note, and a notarial deed investigation report (I and telephone conversations) and a criminal investigation report (as to telephone conversations with J);

1. Application of Acts and subordinate statutes to a loan certificate, statement of account transactions, copy of passbook and details of accounts operations, and credit information inquiry results;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;