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Reasons
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(영문) 수원지방법원 2019.02.12 2018고단5841
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 16, 2017, the Defendant: (a) at the home of the victim D in Suwon-gu, Suwon-si, Suwon-si; (b) merely borrowed money from E; and (c) did not receive any profit from E’s bond business; (b) did not have any particular property or income at that time; and (c) did not have any other property or income at that time, and (d) did not have any intent or ability to repay the profits and principal by investing in the corporate bonds business, the Defendant received a large amount of profit by investing in the corporate bonds business for more than six years since it did not receive any investment; and (b) upon making an investment, he/she would pay 5% of the investment amount as monthly income and request the return of the principal at any time; and (c) on June 16, 2017, he/she received a total of KRW 30,000 from the victim’s account (G),00,010 to 30,010,010,000 won from the victim’s account (G).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of remittance;

1. Each reply to financial transaction information;

1. Response upon a request for cooperation in investigation;

1. Details of sources of using the damaged amount;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud types 1 (less than KRW 100 million) and the basic area (from June to one year and six months) (no special person) shall exist;

2. The Defendant, who was well aware of the sentence, by deceiving the victim as if he were to pay the proceeds to the victim that is not good under any circumstances, and by deceiving the Defendant of KRW 43,00,000.

At the time of the occurrence of the case, the victim had not been able to do so in the course of the individual rehabilitation procedure.

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