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(영문) 광주지방법원 순천지원 2020.07.23 2020고단473
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 2016, the Defendant made a false statement to the victim B (Inn, 42 years of age) that “I will make an investment of KRW 100,000,000 per month to make an amount of KRW 500,000 per month by making an investment of KRW 100,000,000 within the country. I would like to make an investment of KRW 50,000,000 per month in trust and trust. If I would like to make an investment of KRW 50,000,000 per month, 2.5,50,000 per month, monthly revenues will come. If I would like to make an investment of KRW 50,000,000,000,000,000,000,000,000,000 won.”

However, the Defendant did not have any intention or ability to pay profits even if he received investment funds from the victim because the Defendant did not have a certain income at the time and was thought to use the funds from the victim as other debt repayment, business funds, etc.

On November 28, 2016, the Defendant received KRW 47.5 million from the victim’s bank account (Account Number: C) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of transactions;

1. Investigation report (person for reference D telephone communications);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of recommendation [decision of type] according to the sentencing guidelines and there is no person who is less than KRW 100 million [type 1] (the scope of recommendation and recommendation] (the scope of recommendation field and recommendation), the basic area of the punishment, six months to one year and six months (the grounds for suspension of execution of sentence] - Major illegal grounds: Unagreement;

2. It is necessary to strictly punish the accused in light of the fact that the amount of deception obtained by deception is KRW 47,50,000 and KRW 45 million has not yet been repaid, and that there is no agreement with the victim.

The defendant is also aware of and against the mistake of the defendant.

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