beta
(영문) 인천지방법원 2015.08.26 2015고단1033

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2010, the Defendant committed the crime against the victim E, in a car page in which it is impossible to know the victim’s name near the house in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant received money from the victim under the pretext of stock investment, and the Defendant received from the victim a total of KRW 8 million from the victim, including, but not limited to, having no intent or ability to make profits by investing in the stocks, the Defendant would have the victim pay a large amount of money by investing in the stocks invested in this country in return for a loss of 100 won.” The Defendant received from the victim a total of KRW 100,000,000,000 from the victim’s place of investment as an investment money. < Amended by Presidential Decree No. 22426, Oct. 1, 2010>

2. The Defendant committed the crime against the victim D at the victim’s house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around March 28, 2010, and the fact is that even if the Defendant received money from the victim under the pretext of stock investment, even if it does not have the intent or ability to make profits by investing in the stocks, it is intended for the victim to have his family without any intention or ability to make profits from the investment of the stocks. Trusted and invested. If the damage is incurred, the principal shall be necessarily guaranteed.” The Defendant received KRW 12 million from the victim around March 30, 2010. On May 28, 2010, the Defendant continued to receive KRW 8 million from the victim at the above place as above, and received KRW 8 million from the victim, “if there is any surplus money, it is possible to make profits more than KRW 8 million, and 8 million from the victim’s false statement.” The Defendant received KRW 8 million from the victim around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the parts of statements made in D and E to the prosecutor's statement made in H;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order of community service;