(영문) 수원지방법원 안산지원 2016.07.21 2016고단1477

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자간(%)

(영문) 수원지방법원 안산지원 2016.07.21 2016고단1477

사기등

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[2016 Highest 1477] The Defendant, while operating a small-scale construction company, was due to the bankruptcy of about 10 years prior to the 10-year grace period, had the Defendant owed a debt equivalent to KRW 100 million. Accordingly, the Defendant would be able to collect money from the victims who had no experience in stock investment at their age and had no economic difficulties.

When receiving access money, it was thought that it will be used as personal debt repayment or living expenses.

1. On June 17, 2013, the Defendant made a false statement to the victim C at a coffee shop in the trade name near the Han River-gu, Ansan-si, Annsan-si, Seoul-si, that “The Defendant would allow the victim C to make a share investment with the money to be left for profits.”

However, the defendant was not only aware of stock investment experts, but also did not have the intent or ability to return the profits from the investment of the shares even if he received the money from the injured party.

The defendant received 1,80,000 won from the damaged person to the account in the name of D he designated by the defendant immediately, and acquired pecuniary profits equivalent to the same amount.

2. On June 18, 2013, the Defendant made a false statement to the effect that “The Defendant would return to the Party Ha total amount of KRW 7 million including KRW 1 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won

However, even if the defendant received money from the injured party, he did not have the intention or ability to return the profits from investment in the shares.

The Defendant received a total of 6 million won from the damaged party to the D and two other accounts designated by the Defendant immediately from the damaged party, respectively, and acquired a total of 6 million won, respectively.

3. On November 5, 2015, the Defendant, for the 376th day of the [Attachment-ro, Ansan-si, Sinsan-ro, 376.

유사 판례

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