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(영문) 서울동부지방법원 2017.08.25 2017고단1822
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 3, 2015, the criminal defendant against the victim B, from the second floor stairs of the Korean Chartered Bus Mutual Aid Association established in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul around August 3, 2015, the defendant is liable to pay a dividend of KRW 12 million to the victim who is a worker.

Even if the investment is erroneous, it will guarantee the principal of the local government.

‘False speech' was made.

However, at the time of fact, the defendant was trying to receive money from the injured party equivalent to KRW 300 million for the repayment of his/her personal debt, and did not have the intent or ability to reduce the principal and dividends to the victim by making an investment actually.

As above, the Defendant: (a) by deceiving the victim; (b) transferred the sum of KRW 12 million around August 4, 2015 to the Nonghyup Bank account under the name of the Defendant from the victim; and (c) KRW 18.6 million around September 3, 2015, including KRW 6.6 million around September 3, 2015.

2. On February 3, 2016, the Defendant against the Victim C may receive dividends from the victim, who is a worker, at the underground parking lot of the Korea-gu Seoul Metropolitan Government Sub-gu Bus Mutual Aid Association located in 252, as Hancheon-gu, Yongsan-gu, Seoul.

‘False speech' was made.

However, at the time of fact, the defendant was trying to receive money from the injured party equivalent to KRW 300 million for the repayment of his/her personal debt, and did not have the intent or ability to reduce the principal and dividends to the victim by making an investment actually.

The defendant deceivings the victim as above and transferred KRW 9 million to the Nonghyup Bank account under the name of the defendant to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Inquiry of transaction details and application of Acts and subordinate statutes on deposit transaction details;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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