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(영문) 부산지방법원 2013.07.18 2013고단1599
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 20, 2010, the Defendant was sentenced to three years of imprisonment with prison labor at the Busan District Court for fraud, etc., and the above judgment became final and conclusive on June 30, 2010.

From the beginning of March 2008 to September 2009, the Defendant operated an administrative agent's office in the nearest area of the Busan Dong-dong Police Station located in the Busan Dong-dong, Busan.

1. Around May 8, 2008, the Defendant made a false statement to the victim E at the D office located in Busan Dong-gu, Busan, stating that “If an investment is made in the helicopter in the process of public sale, 30% of the interest will be returned within three months.”

However, the defendant did not have the intention or ability to pay the profit to the victim by investing the money from the victim in the public auction.

Around December 19, 2008, the Defendant, by deceiving the victim as above, received 58,000,000 won, including KRW 23,000,000,000 from the above office of a licensed administrative agent around December 30, 2008, and KRW 23,00,000 from the above office of a licensed administrative agent, as the respective investment money.

2. Around December 18, 2008, at the above office of a certified administrative agent, the victim F made a false statement to the effect that “The information on real estate and auction articles at the Asset Management Corporation enters the Association of a certified administrative agent may be sufficiently gain profit if it is well used. 30 percent of the profit if an investment is made.”

However, the defendant did not have the intent or ability to pay the profit to the victim by investing the money received from the victim in auction, etc.

The Defendant, by deceiving the victim as above, received 50,000,000 won from the Busan Bank Account (Account Number: G) in the name of the Defendant on the same day from the victim.

3. Around July 28, 2009, the Defendant made a false statement to the victim F who urged the payment of the investment under Paragraph 2 at the above office of a licensed administrative agent to receive KRW 50 million deposited with the Association. However, if the Defendant wishes to receive KRW 50 million, it is necessary to pay KRW 3 million.”

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