(영문) 서울동부지방법원 2020.09.17 2020고단1194

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(영문) 서울동부지방법원 2020.09.17 2020고단1194

사기

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

Reasons

Punishment of the crime

【2020 Highest 1194】

1. In June 2018, the Defendant made a false statement to the effect that “The Defendant is running a business, she is going to go to an investment company,” and that “the victim D will have an interest on every month when making an investment. If there is any surplus funds, the investment will be changed. The interest may be paid 24% per year and the principal may be returned after one year. In the event the principal is not returned, the principal shall be responsible for within the country and the principal shall be returned.”

However, the Defendant did not have any intention or ability to pay the interest in the name of the principal and the profits because the Defendant did not have any intention or ability to pay the interest to the victim, even if the Defendant received money from the victim for the purpose of making an investment.

On June 29, 2018, the Defendant, by deceiving the victim as above, received KRW 2 million and KRW 13 million from the victim’s account in the name of the Defendant at a single bank account on two occasions on June 29, 2018, and acquired the money by taking totaling KRW 68 million through 12 times from around that time to September 20, 2019, as shown in the separate crime list, as shown in the separate crime list.

【2020 Highest 2114】

2. Around October 29, 2019, the Defendant made a false statement to the effect that “the victim G is working in the form of investment by a private village .... b) is making an investment in the form of capital punishment, the Defendant would recover KRW 22 million including the principal after three weeks if the Defendant invests KRW 20 million in the form of capital.”

However, the Defendant did not have any intention or ability to pay the principal and the interest in the name of the profit because the Defendant did not have any intention or ability to pay the principal and the interest on the pretext of the principal and the profit, even if he received the money from the victim as the source of investment.

As above, the defendant deceivings the victim and belongs to it.

유사 판례

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