(영문) 수원지방법원 2019.01.31 2018고단4736

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자간(%)

(영문) 수원지방법원 2019.01.31 2018고단4736

사기

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On September 3, 2013, the Defendant made a false statement that “I have good opportunity to make an investment. I have to make an investment. I have to make an investment. I have to make an investment. 10% of 100% of all terms are invested in bonds. It may be possible to deduct money after one year, even if the principal would have been damaged.”

However, the defendant was thought to invest the above investment in the futures option transaction with a high possibility of loss of principal, and there was no special property at the time, and even if the personal debt amount to KRW 50 million was incurred, there was no intention or ability to pay the principal of the investment to the victim.

Nevertheless, on September 4, 2013, the defendant acquired 10 million won from the victim to the Cbank account in the name of the defendant.

2. Around January 2015, the Defendant: (a) at the Seongbuk-gu D Station E store in Seongbuk-gu, Sungnam-si; (b) “An account was formed by a problem in the operation of the investment company; (c) the withdrawal of the headquarters is not possible; and (d) the Plaintiff’s investment money is no longer returned on February 2, 2015; and (b) the vehicle in the Republic of Korea may not be left to the pawnpo. If the Defendant borrowed KRW 10 million with the loan, he/she will recover the difference and repay the entire amount of the investment amount to KRW 10 million and the loan amount to KRW 10 million and interest. Even if he/she becomes aware of the date, he/she is expected to be a director on February 2, 2015, and the difference in the deposit amount is possible.”

However, in fact, the victim's 10 million won invested on September 4, 2013 did not have any loss, and even if 10 million won is a monthly director, it was impossible to repay the amount of damage because there was almost no deposit to be received from the lessor, and there was no specific property, and there was no intention or ability to repay the above borrowed money to the victim as well as the above borrowed money.

Nevertheless, it is not appropriate.

유사 판례

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