(영문) 의정부지방법원 2013.10.31 2013고단2545

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(영문) 의정부지방법원 2013.10.31 2013고단2545

사기

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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 10, 2010, the Defendant made an investment of KRW 150 million to the victim F, along with “D” company’s office operated by the Defendant in Macheon-si, the executive director of the said company, for six months, the Defendant would pay 5% of the principal of the investment during the two-month period from the effective date of the contract, 15% of the principal of the investment as a final dividend, and make the deposit account of D sales to G account designated by the Party, thereby allowing all claims for sales to be deposited into G account. Accordingly, the Defendant made a false statement to the effect that “if the Defendant invests KRW 150,000,000 for six months from the effective date of the contract, 150,000 won.”

However, the Defendant intended to use the message bean accounts among D’s sales claims as operational funds, and there was no intent to change the deposit accounts of all sales claims to G account designated by the victim. At that time, the Defendant and E did not properly pay the personnel expenses of employees as a bad credit holder. Moreover, the Defendant and E did not think that part of the investment claims were used as E’s benefits. Therefore, the Defendant did not have the intent or ability to pay fixed dividends or repay the investment funds to the victim.

As above, the Defendant deceptioned the victim and received 39.6 million won from the victim, namely, in the name of capital investment, from the victim, and received KRW 50 million on the same day from the bank account in the name of H, the Defendant, as the Defendant’s child, and received KRW 45.41 million on May 12, 2010.

Accordingly, the defendant, in collusion with E, received a total of KRW 1350 million from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E;

1. Statement F among the third police interrogation protocol against the accused;

1. Each police statement made to F and I;

1. Complaint;

1. Details of deposits and transactions (deposit accounts for investments);

1. Sales details of Saemaul passbooks and transactions details of community credit cooperatives;

1. Application of Acts and subordinate statutes of the investigative report (report on the binding of written judgments).

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