beta
(영문) 서울남부지방법원 2020.09.03 2019고단6236

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, at the office of “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, on January 1, 2019, told the victim D, who is a workplace partner, to the effect that “in-house partner D left to make an investment to the person F of E investment company, and made profits equivalent to KRW 1 billion between several months. From now on, the Defendant would make up for the profits of KRW 5-6 times the principal when investing stocks for 2-3 months from now, the Defendant would make up for the profits of KRW 5-6 times the principal.”

However, in fact, the above F was an unqualified person created by the Defendant in a false manner, and the Defendant did not have obtained profit equivalent to one billion won by making equity investment through another person. It was merely thought that the Defendant received money from the victim for the purpose of paying personal living expenses and interest on loans, lending money to the branch, etc., and thus, even if receiving the investment money from the victim, there was no intent or ability to pay the profit or pay the principal normally.

On January 14, 2019, the Defendant received KRW 500,000 from the victim a false statement from the victim, and received KRW 210,000 from the time to July 25, 2019 as shown in the attached Table, including transfer of KRW 5,00,00 from the victim’s G bank account (H) to the Defendant’s account under the name of capital investment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes governing the statement of profit settlement sent to the victim by making false statements on details of transfer of investment funds, text messages, and text messages;

1. Taking into account the following circumstances as well as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, as well as all of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, by comprehensively taking into account the relevant legal provisions and the choice of punishment as to the crime.

(b)bed;