(영문) 의정부지방법원 고양지원 2015.11.12 2014고단390

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(영문) 의정부지방법원 고양지원 2015.11.12 2014고단390

사기

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A person shall be punished by imprisonment with prison labor for one year with prison labor for a crime of No. 2 as stated in the judgment of the defendant, respectively.

Reasons

Punishment of the crime

[Attachment] On March 13, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and two months for a crime of fraud at the Goyang Branch of the Jung-gu District Court on March 13, 2008, and the judgment became final and conclusive on November 27, 2008.

[2014 Highest 390]

1. Around 19:00 on April 22, 2007, the Defendant made a false statement to the victim B, stating, “The victim B would only have a loss due to the decline in the stock price that had been recommended before, and that it will substitute the shares with the shares on the following day.”

However, at the time of fact, the defendant held shares of Daesung Heavy, together with other persons, and the defendant alone was difficult to transfer the shares. Therefore, even if he received the shares from the victim, he did not have the intention or ability to transfer the shares of Daesung Heavy.

Nevertheless, on April 23, 2007, the Defendant, by deceiving the victim as above, acquired 7,200 shares in the victim’s name (a reasonable amount of KRW 30,852,00) from the victim to the account in the name of C in which the Defendant managed, and acquired them by deceiving the victim.

[2014 Highest 617]

2. The Defendant was aware of the victim G who was going to be a guest from the “F Party Funeral” in front of the Ethical area No. 5 in the Yongsan-gu, Yongsan-gu, Mangsan-si, and was working as an employee.

At around 18:00 on May 13, 2013, the Defendant concluded that “The Friend Fabababababababababababa 3,40,000 won was enclosed by the market price.” At the same time, the Defendant made a false investment in the cost amount of 100,000 won and operated together.”

However, in fact, the defendant did not have money to accept the above party room and did not negotiate with the owner of the above party room and the acquisition of the party room. Therefore, even if he received money from the victim, he did not have the intent or ability to accept the above party room.

Nevertheless, the defendant is a national bank account in the name of H, a defendant, around May 1, 2013.

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