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(영문) 대전지방법원 천안지원 2020.02.20 2019고단2915
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 2014, the Defendant called the victim C in a place that is not known for the purpose of preparing investment funds to purchase “Seoul Northern-gu apartment complex B” in his/her own name, and received KRW 20 million from the victim around April 29, 2014, for the following reasons: (a) the Defendant provided a phone call to the victim C, who is located in a place that is not known, for the purpose of making investments to purchase “Seoul Northern-gu apartment complex B,” and (b) sought to invest money from investors who gain profit short-term by selling the real estate in accident. Within 3-4 months from the time of investment, the Defendant divided profits into equal to the number of investors.”

Around August 1, 2014, the Defendant: (a) sent money to the victim, stating the depositor as “D” even if he deposits money; and (b) made the appearance that the said “D directly pays money to the principal; and (c) made the victim’s appearance that the said “D directly pays money to the principal; (b) received money from the principal,” thereby deceiving the principal of the investment scheme and the details of the investment.

On October 2014, the Defendant made a false statement to the victim, which was erroneous due to the said deception, stating that “The victim shall be deemed to have made another investment in the previous real estate investor within three to four months.”

However, the investor of "D" is an unexistent person, and the defendant was made a false statement for the purpose of preparing for the sale price of redevelopment apartment units under his/her name. Even if he/she received real estate investment funds, he/she did not have the intent or ability to make profits by investing in the investor with the content explained by the victim.

The Defendant, by deceiving the victim as above, received KRW 40 million from the national bank account (Account Number E) in the name of the Defendant from the victim and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with C 1.

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