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(영문) 서울북부지방법원 2016.06.30 2015고정1152
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant made a false statement that “D” in Seongbuk-gu Seoul Da was “D” and “The Victim E shall be able to make an equity investment, guarantee the principal when making an investment to B, and give 25% of the principal of the investment with profits.”

However, due to the characteristics of the stock market, it is impossible to guarantee the principal of the investment, and the investment return agreement was entered into at least 5% in advance, and the Defendant did not have any intent or ability to return the investment amount as promised by the victim, such as bearing obligations equivalent to KRW 20 million without any particular property or income.

As such, the Defendant: (a) received KRW 10 million from the victim’s new bank account under the name of the Defendant on August 16, 2013; (b) promised to guarantee 25% of the principal of the investment on November 19, 2013 to deposit KRW 10 million in the said account; and (c) promised to guarantee 15% of the principal of the investment on December 29, 2013 to deposit KRW 16.7 million in the said account; and (b) paid KRW 36.7 million in total on three occasions, including receiving deposit of KRW 16.7 million from the victim; and (c) paid KRW 24 million in the amount of the investment paid by the victim to the victim; and (d) returned again to the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 12.7 million.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on trading;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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