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(영문) 대전지방법원 2018.08.23 2018고단65

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant lost a large amount of money with stock investment, had experienced economic difficulties such as living expenses, and had the victim C introduced from the son B to pay for living expenses by receiving money under the pretext of investment.

1. On December 21, 2015, the Defendant would pay the victim the profit of 3% per month by investing the shares in the E coffee shop in the Ecs shop located in Ma, which is an investor of full-time company shares, and if an investment is made to B, it will pay the victim the profit of 3% per month by investing the shares

If 20% or more of the loss occurs, it will be notified, and if the investment is not want, the principal will be returned at any time.

“False speech” was made.

However, in fact, the Defendant had already received a loan from a financial institution and incurred losses, and the investment amount received from the victimized party was also used for personal purposes such as repayment of personal debts and payment of credit card bills, and the part of the investment amount received from the victimized person is expected to be paid as a monthly profit, so there was no intention or ability to pay the principal and profit of the investment amount to the injured party.

Nevertheless, on December 22, 2015, the Defendant received KRW 20 million from the injured party to the Agricultural Cooperative Account of the Defendant under the pretext of investment.

2. On December 26, 2016, the Defendant would give profits by withdrawing the victim’s “in case of additional investment,” from the mutual infinite coffee shop located in the finite-dong around December 26, 2016 to the annual investment.

“False speech” was made.

However, the defendant had no intention or ability to pay the principal and profit of the investment money to the victim because the defendant was scheduled to use the investment money received from the above victim for personal purposes, such as repayment of personal debts and living expenses.

Nevertheless, the Defendant acquired a total of KRW 20 million, such as KRW 10 million on the same day, and KRW 10 million on January 3, 2017, by remittance to the above account.

Summary of Evidence

1. The defendant's statement in court;