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(영문) 인천지방법원 2015.09.17 2014고단7199
사기
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A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Criminal Power] On July 26, 2013, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for fraud at the Incheon District Court, and the same year.

8.3. A person with the same criminal records more than twice other than the final and conclusive judgment.

【Criminal Facts】

Around July 2010, the Defendant made a false statement to the victim E at D office, a multi-level company operated by the Defendant, which is a multi-level company located in the Nam-gu Incheon Metropolitan City Ctel 1420, stating that “The shares of the Korea-Japan Lyst Co., Ltd. are KRW 8,500 per share, which is scheduled to be listed on or around June 30, 201, and can be seen as profits as KRW 25,00 per share, and if sending money, it will be entrusted with the purchase of shares to the sale of shares.”

However, in fact, the defendant was thought to use the money received from the victim for the purpose of payment of profits to other investors, repayment of debts, personal living expenses, etc., and there was no intention or ability to pay profits from purchasing shares as agreed even if he received money from the victim.

Around the seventh day of the same month as the purchase fund for 20,000 shares from the victim, the Defendant, as above, received KRW 17,000,000 from the agricultural bank account under the name of the Defendant and received KRW 156,370,000 in total over 15 times from around that time to June 24, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Legal statement of witness E;

1. Each police statement of E;

1. A complaint;

1. The Defendant merely introduced the victim with the “Sawal” company, such as a copy of a passbook and a copy of a passbook, and the Defendant paid the purchase price to the Defendant to actively purchase the above company’s shares. The Defendant used the money that the victim received from the victim for the purchase of the company’s shares, thereby deceiving the victim otherwise.

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