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(영문) 인천지방법원 2012.10.24 2012고단8317
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On March 22, 2012, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on March 2, 2012, and the judgment became final and conclusive on March 30, 2012.

【Criminal Facts】

On July 1, 2008, the defendant was registered as the representative director of the KCAC that operates a used car sales business, and was willing to acquire money by deceiving investors as if the above company was operated normally.

On March 15, 2009, the Defendant made a false statement to the victim E’s house located in the Dong-gu Incheon Metropolitan City D apartment No. 105 Dong-gu 501, F, that “The Defendant would make a vehicle-related investment in Gangseoland, and would make an investment to pay 10% of the investment amount as monthly dividends if it has made an investment.”

However, from around 209, the Defendant used C’s company to run a motor vehicle trading business, and had already been invested in an amount equivalent to KRW 70 million from other investors and paid interest, principal, etc. to other investors with the investment money. At the time of receiving the investment money from the complainant, the Defendant had already not owned any special property as a bad credit holder, and C had no intent or ability to pay the investment money or dividends, as agreed upon by the victim, even if there was no special asset.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim on April 30, 200, through F around April 30, 2009, from the victim, and obtained a total of KRW 100 million from the above date and time to September 30, 2009, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Three-time protocol concerning the examination of suspect against the accused (including the E Statement);

1. A copy of each police suspect examination protocol (including E part of the statement), and agricultural bank passbook;

1. Statement of each police statement to E (including the F and the statement part of the defendant);

1. G. G.

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