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(영문) 부산지방법원 동부지원 2018.12.18 2018고합120
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be 20,000,000 won, and E, from the applicant B to the applicant B.

Reasons

Punishment of the crime

"2018 Gohap 120"

1. Around March 2013, the Defendant introduced the Victim C with the victim’s parent relationship, such as the Defendant’s child, as he/she became aware of with the victim C, to the Fund manager. Around September 2013, the Defendant introduced the victim into the Fund manager. Around September 2013, the Defendant would make profits by making a defective investment in shares, etc. to the victim’s grievances that the victim would face divorce and make it difficult for the Defendant to live only with consolation money

In order to acquire the money such as consolation money to be received by the victim by deceiving the damaged person.

On September 9, 2013, the Defendant made a false statement to the victim, stating, “The Defendant may receive money from the Fund or shares to pay the amount of living expenses to the victim.”

However, the Defendant was not a fund manager, and the Defendant did not have been engaged in a business related to fund and stock investment, and did not have any ability to create high-profit profits due to stock investment, etc., and did not have any property or income, while there was no other asset or income, and the liability was in a situation equivalent to KRW 100 million. Even if the Defendant received money from the damaged party on the pretext of stock investment, etc., he did not have any intent or ability to guarantee the principal and pay profits to the victim.

The Defendant, as such, by deceiving the victim, received KRW 30,00,000 from the victim’s bank account under the name of the Defendant on the same day from the victim, and was issued KRW 244,273,40 in total four times from the victim, from March 27, 2017, from that time until March 27, 2017.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D using the money, etc. received from C as an investment deposit in accordance with paragraph (1) to pay a certain amount every month to C as a profit, thereby making the Defendant mistake as a able fund manager.

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