(영문) 인천지방법원 2020.09.23 2020고단2300

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.09.23 2020고단2300

사기등

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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 1,2690,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

"200 Highest 2300"

1. On January 2, 2017, the Defendant: (a) at the D Arts and Sports University located in Yeonsu-gu Incheon Metropolitan City (Seoul) on January 2, 2017, the Defendant said, “Around January 2, 2017, the victim E, who was aware of the investment sources, that “The president has the president operating G president of the company “F.” A patent for liquid technology and that the company is expected to be listed. The president said, “The president is in a situation in which the funds are needed for the purchase of shares for the purpose of defending the management right, thereby making an investment to the president.”

However, in fact, the fact that F holds a patent and is expected to be listed immediately, or that the G president intends to purchase shares was the Defendant’s crypted, and that there was no investment situation in the G president, so the Defendant did not have the intent or ability to return the investment money and profits after the normal investment by the victim even if he received the investment money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received money of KRW 45 million from the victim to the H bank account (I) in the name of the Defendant for the same day as the investment money from the victim.

2. Around January 25, 2017, the Defendant said that “Around January 25, 2017, the Defendant made an investment to pay a lot of interest to the said victim at the place of the foregoing paragraph 1(a), and that “AJ president exists in the Republic of Korea, and the J president requires urgent funds, such as the president of the G.”

However, it was true that the above J was the situation in which the defendant was trying to purchase shares, and there was no investment situation in the above J. Therefore, the defendant did not have the intent or ability to return the investment money and profits after the normal investment even if he received the investment money from the victim.

Nevertheless, the defendant deceivings the victim as above, and thereby, KRW 68,625,00 from the victim as the same day of investment.

유사 판례

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-대전지방법원 2012.12.14 2011고단5538

-대전지방법원 2018.01.17 2017고단4346