(영문) 서울중앙지방법원 2015.12.18 2015고단6569

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(영문) 서울중앙지방법원 2015.12.18 2015고단6569

사기등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around March 2011, the fraud Defendant made a false statement to the victim C that “it is a securities intermediary, who is also able to believe that he/she was also able to make an investment.” Even if there is a long time, he/she has been able to do so, he/she is able to make an investment from the money less than 10% in which the principal would be guaranteed by 100%, even if he/she is considered to have a loss within the inside, and the principal is safe if he/she is placed in the ES in one-year foot.”

However, the fact is that the defendant is not a stock investment expert, but an investment is also considered to be a loss, and there was no ability to return the profits to the victim, and there was no monthly income due to the absence of a certain occupation, and there was no intention or ability to guarantee the principal to the victim because there was no property owned otherwise.

Nevertheless, on March 18, 2011, the Defendant, as seen above, received KRW 1 million from the victim to the Korea Investment Securities Deposit Account (D) in the name of the Defendant as a stock investment deposit account (D) and received a total of KRW 230 million from that time until April 12, 2012, as shown in the attached list of crimes.

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

2. When the victim takes over the party hall on behalf of the victim, the Defendant agreed to pay the victim profits by settling accounts at the end of each month on behalf of the victim, and operated the party hall that the victim acquired from July 24, 2012. A.

On January 17, 2013, the Defendant received 5 million won from the victim as a fund for the operation of the party hall in Songpa-gu Seoul, Songpa-gu, Seoul, and kept it for the victim.

The defendant used one million won as a expense for the operation of the party hall and used 4 million won in the balance for the victim at his/her own discretion during the time of the custody of the victim.

B. The Defendant began on December 24, 2012.

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