(영문) 서울동부지방법원 2020.05.13 2020고단494

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2020.05.13 2020고단494

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At the end of March 2, 2018, the Defendant called the victim B by phoneing to the victim B, stating that “The principal shall be guaranteed on the face of stock investment, the principal shall be guaranteed, and 5% of the monthly investment amount shall be 5% of the monthly investment proceeds, even if any loss is incurred, the principal shall be guaranteed even if he/she sells a vehicle owned in excess of 20,000,000 won.”

However, the Defendant had no particular property at the time, and there was no way to make a continuous profit without loss of principal due to the method of stock investment or virtual currency investment, and some of the remitted money from the victim was transferred to the private sports territory, so even if the victim received money from the victim, the Defendant did not have the intent or ability to guarantee the principal of the investment and distribute the profits of more than 5% per month.

Nevertheless, the Defendant received a total of KRW 50,000,000 from the victim to the Cbank account (Account Number: D) in the name of the Defendant on the same day from the victim and received KRW 10,000,000 from that time, from that time, from June 12, 2018 as shown in the List of Crimes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning the details of account transfer, investment contract, Kakao Stockholm, and text;

1. The reason for sentencing a sentence under Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Punishment of Criminal Crimes, Article 347(1) of the Selection of Penalty, the defendant promises to distribute the final profits of each month, guarantee the principal, and distributes profits from the initial investment funds in a disguised manner as if they were made profits from the initial investment funds, and it is disadvantageous to the fact that the crime is inferior in light of the substance of deception and the method of deception, and most

On the other hand, a certain amount has been returned as the profit group.

참조조문

-형법 제347조 제1항

유사 판례

-부산지방법원 2013.06.12 2012고단4950

-춘천지방법원 2015.05.19 2015고단150

-서울북부지방법원 2016.09.02 2016고단31

-서울남부지방법원 2015.12.16 2015고단2149

-수원지방법원 안양지원 2019.05.07 2019고단117