logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.06.23 2020고정285
사기
Text

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

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

Reasons

Punishment of the crime

Around February 13, 2019, the Defendant made a false statement to the victim D’s “C” store located in Cheongju-si, U.S., “A” that “I would pay 300% of the principal of the investment and KRW 300% of the principal of the investment and KRW 300 of the principal of the investment will be paid every 10% of the principal of the investment, if I make an investment in money with a foreign futures securities account being invested in Korea.”

However, the Defendant did not have an intention or ability to pay 300% of the principal of investment over 30 times as agreed in the initial agreement even if the Defendant received investment from the victim because there is no particular concern about foreign futures transactions.

On February 14, 2019, the Defendant, by deceiving the victim as above, had the victim transfer KRW 10 million to the bank account (Account Number:F) in the name of the overseas futures trading site designated by the Defendant under the name of “E” under the name of the Defendant, and thereafter, had the victim acquire pecuniary benefits equivalent to the same amount by transferring the above amount to the account (G) in the name of the Defendant in the above site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on the entrustment management agreement on overseas futures trading, the electronic financial transfer transaction agreement, and the details of deposits in D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (including the fact that the defendant, after the institution of public prosecution, seeks the wife of the defendant by mutual consent with the victim, and that the defendant has no record of criminal punishment for a crime subject

arrow