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(영문) 서울중앙지방법원 2013.07.15 2013고단949
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 12, 2011, the Defendant stated that “In the E office located in the third floor of the Daegu Jung-gu D Building, the victim F would be sold to the same country of China where the heating apparatus was located. If the Defendant invested KRW 3 million, KRW 300,000,000 per day after subtracting Saturdays and Sundays, 35,000 won per day.”

However, even if the defendant receives money from the victim for the purpose of investment, he did not have any intent or ability to return the invested principal with the profits and to pay the profits.

As such, the Defendant, by deceiving the victim as such, received 3 million won from the victim under the pretext of investment.

2. On December 23, 2011, the Defendant stated that “If an investment of KRW 3 million is made, it would be more than twice to make a double investment, and KRW 100,000 will be made every 37 times every day thereafter.”

However, the defendant did not have any intention or ability to return the invested principal and to pay the profit even if he receives money from the victim as the name of the investment.

As such, the Defendant, by deceiving the victim as such, received 2.5 million won from the victim, namely, the money for investment.

3. On May 10, 2012, the Defendant stated, at the E Office located in Daegu Jung-gu, that “the principal invested before the Defendant was not paid to the victim KRW 4.6 million. In addition, when investing KRW 2 million, KRW 7 million will be paid to the victim KRW 35,000 per day, KRW 2,100 per 35,000 per day. In addition, there is a machine that can be cut off at a cirb, and there is a machine that can be cut down at a cirb, KRW 1,00,000, KRW 1000,000, KRW 7,000, KRW 300 per day.”

However, the defendant did not have any intention or ability to return the invested principal and to pay the profit even if he receives money from the victim as the name of the investment.

The defendant deceivings the victim as such and belongs to it from the victim.

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