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Reasons
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(영문) 수원지방법원 성남지원 2014.10.08 2013고단2026
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

In August 2008, the Defendant made a false statement to the victim F, “I will pay 1/4 of the profits if I will take advantage of the progress of the private light business and make profits if I would like to make an investment of KRW 200 million in Mongolia, the investment of KRW 200 million in Korea, the investment of KRW 200 million in Mongolia, and the investment of KRW 100 million in Mongolia.”

However, from July 1, 2008 to December 31, 2008 of the same year, H had no intent or ability to invest KRW 200 million in the gold mine business as of the time when the amount of debt exceeds KRW 424,291,464, and the amount of debt exceeds twice as of KRW 300,000,000, including the amount of debt not paid to the bank loans and the victims. Since from 2007, the Defendant had a debt of at least KRW 500,000,000, such as monthly wage of employees and maintenance expenses, and there was no intention or ability to invest more than KRW 3,00,000 in the gold mine business.

Accordingly, the defendant deceivings the victim as above, and is up to the national bank account in the name of H in the name of the defendant's management from the victim.

9. Oct. 10, 100,000 won was paid, and the amount of KRW 50,000,000 on the 25th of the same month was paid to the remitter as above, and the victim had the remitter transfer USD 120,000 to the account in I’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. Protocol concerning the examination of suspect of G;

1. The K's statement;

1. Inquiries about details of requests for unfair transactions;

1. Contracts, certificates, and written agreements;

1. Application of Acts and subordinate statutes on the details of bankbooks and transactions;

1. The reason for sentencing under Article 347(1) of the Criminal Act, which is applicable to the pertinent criminal facts and Article 347(1) of the Criminal Act, is that the defendant does not have the ability to make an investment by himself/herself in relation to the gold mine business and does not have his/her own money.

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