(영문) 의정부지방법원 고양지원 2019.05.17 2019고정64

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(영문) 의정부지방법원 고양지원 2019.05.17 2019고정64

사기

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In around 2007, the Defendant received money from the victim B as a share investment deposit from the victim to “to guarantee the principal and to pay profits by making a share investment” and made a share investment.

On November 4, 2011, the Defendant made a false statement to the victim, stating that “The victim shall have more investment KRW 30 million with stock investment” at a non-permanent place.

However, in fact, since the defendant thought from the beginning that he received money from the victim to borrow money from the beneficiary, even if he received KRW 30 million from the victim, he did not have the intention or ability to pay the principal by paying the proceeds.

Nevertheless, the Defendant received a false statement and received 30 million won from the victim’s bank account under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement made to D by the police;

1. Certificates of deposit and details of financial transactions;

1. The defendant and his defense counsel asserted that the investigation report(E interview), investigation report(A) (A account analysis) and the defendant and his defense counsel of this case are voluntarily delivered by the victim without the defendant's request, and that there was no deception and request for investment as stated in the judgment of the defendant.

However, the following facts and circumstances, which can be recognized by this Court comprehensively based on the evidence duly adopted and examined, i.e., the victim made a statement to the effect that he/she remitted money to the defendant at the request of the defendant in accordance with the consistent provisions from the investigative agency to this court, and ii) it appears that there was no monetary transaction other than the delivery of money for stock investment between the defendant and the victim, and that the payment of the investment money and the return of the principal and interest were not made from time to time.

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