beta
(영문) 수원지방법원 성남지원 2017.11.14 2016고단3226

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the representative director of the Incorporated Agricultural Company C (hereinafter referred to as “C”) established on August 7, 2015.

On October 2015, the Defendant: (a) requested the Victim E, Victim F, Victim G, and Victim H H in the C office operated by the Defendant located in Gangnam-gu Seoul Special Metropolitan D2 on the first of October 2015, the Defendant: (b) demanded the Victim E, the Victim F, the Victim G, and the Victim H to provide profits from selling a type of income in the 42,00 square meters located in G Kimpo-si; (c) but (d) demanded to invest KRW 35 million in the original model. Within one month, the Defendant would be able to return or receive the same amount through the said electric house sales business.

“The purpose of “ was to make a false statement.”

However, the Defendant could not proceed with the instant parcelling-out business unless he/she receives money from others without any income or property at the time, and even if he/she received from the J around September 4, 2015 the investment of KRW 20 million in relation to the cost of construction of model houses, he/she did not start model houses. In addition, the Defendant was liable for a debt amounting to KRW 50 million in relation to the office rent deposit at the time, and the Defendant was actually willing to receive the said investment money and to use it for repayment of the said debt, so in fact, even if he/she received money from the victims, he/she did not have any intent or economic ability to normally conduct the instant parcelling-out business.

As above, the Defendant: (a) induced the victims; and (b) transferred KRW 15 million from the victim F to the account of the Nonghyup Bank (K) in the name of the Defendant for investment, from October 14, 2015; (c) KRW 5 million from the victim G around October 16, 2015; (d) KRW 5 million from the victim H on October 16, 2015; and (e) KRW 10 million from the victim E around October 28, 2015; and (e) KRW 35 million from the victim E on October 29, 2015.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The defendant;