logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.04.10 2012고단8082
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant fails to pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 2, 2007, the Defendant made a false statement to the victim C at the Daegu Eastern District, stating that “The Defendant would have been making high profits by purchasing real estate, art works, etc. with investment funds, and then again selling real estate, art works, etc. with investment funds. The Defendant would receive profits of 7-8% per week and receive profits of 40% per week, and finally receive profits of 280-320% per annum. The head office is in the United States, and in Korea, it would receive investments through the Internet.”

However, in fact, the defendant did not send the investment money to the head office of the United States, and there was no choice but to repay the dividends promised to the existing investors by using the investment money held by subordinated investors. When receiving the investment, the manager and the recommending person would bring 10% of the investment money to the allowances, and if there is a shortage of money exchanged with the investment money, it was a structure that could not generate profits by using the investment money to purchase the money from the higher class.

In such structure, unless a new investor continuously occurs, it is anticipated that the promised dividend will not be paid, and the Defendant did not have any intent or ability to pay the promised dividend even if he/she received the investment payment from the victim.

The Defendant received a total of 10,000,000 won from the victim on February 29, 2008, 1210,000 won on April 15, 2008, 50,000 won on June 20, 2008, and 9.4 million won on June 20, 2008.

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

Summary of Evidence

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of a sentence, and Article 347(1) of the Criminal Act, the selection of a fine (including the circumstances in which the defendant was involved in the crime of this case, the degree of participation and

1. Detention at a workhouse;

arrow