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(영문) 수원지방법원 안양지원 2014.04.17 2013고단1019
사기
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant told the victim D through C at an insular place in Seoul, Seoul, to the effect that “it is possible to purchase c0 to 25% of the market price, so that c0 million won will be purchased on face.”

However, in order for the defendant to purchase tras stocks at a price above the market price, the defendant must have purchased the above stocks from the Vienna Corporation (BRN) that is required to dispose of the above stocks, which are owned assets at the intermittent value due to financial standing. However, the above company's 87,00 shares held by the above company was decided to purchase the whole quantity of the above 87,00 shares by the defendant's brokerage at 20 to 25%, and the defendant was willing to consume the money to be received from the victim's personal debt repayment. The defendant was able to consume the defendant's personal debt repayment, other than the expected revenue, and the above stock brokerage commission was determined by the price fluctuation. Thus, even if the defendant received money from the victim, the defendant did not have any ability or intent to purchase the above tras stocks with the victim to purchase the above tras stocks.

Nevertheless, on February 17, 2011, the Defendant received 30 million won in the name of the national bank account (Account Number H) with the Defendant’s identity on February 17, 2011 from the victim and acquired it by fraud from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to G Account Transactions);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although the crime is not likely to be committed in light of the reason, method of deception and amount of damage, etc. of sentencing under Article 62(1) of the Criminal Act, considering the fact that the defendant deposited money for the victim as he reflects his depth, the punishment shall be determined as per the order; and

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