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(영문) 서울동부지방법원 2015.05.28 2014고단3466
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2012, the defendant lent or invested money to the university-friendly victim C in the golf course located in the Gyeonggi-gu Gyeonggi-do, which means that he/she will give 10 to 10 to 15% profits within one month and return the principal.

However, in fact, the Defendant was at the time, without any specific income, at the rate of KRW 20 million, and paid KRW 1.65 million per month as the purchase price for the external car, and KRW 8.2 million per month as the office rent, paid KRW 5,000,000 per month to D et al., and he was responsible for the Defendant’s wife who did not work for the company, remitted the amount of KRW 5,00,000 or more to D et al. under the monthly salary, and returned the amount of money to E that invested, even if he received money from the victim, he did not have the ability to purchase and purchase semiconductor and sell semiconductor, and did not have any intent or ability to return the principal. Thus, the Defendant thought that the remitted money was used for the purpose of personal living expenses, office expenses, and rent, vehicle installment, personal liability, and return the proceeds to other investors.

As above, the Defendant, by deceiving the victim as above, and under the pretext of the loan or investment from the victim, shall be KRW 2 million on May 25, 2012, and the same year.

6.12.820,00 won, and the same year.

7. 7.5 million won, and the same year.

7.27.5 million won, and the same year.

7. A total of KRW 50,322,00,000 including KRW 42,00,000, was remitted to the Korean City Bank account under the name of the defendant and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to C by the police;

1. A written statement;

1. Application of trade-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommending sentence] general fraud.

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