(영문) 서울중앙지방법원 2018.10.11 2017고단8728

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(영문) 서울중앙지방법원 2018.10.11 2017고단8728

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2015, the Defendant was carrying out trade business to the victim B, who was residing in the Republic of Korea in the Republic of Korea (hereinafter “SP”) and then imported and sold a new container in the Republic of Korea (hereinafter “SP”) at the non-affiliated coffee shop in Gangnam-gu, Seoul.

If an investment of KRW 3,00 to KRW 40 million is made, it shall be said that each month will bring KRW 1,500,000 as a profit, and it was remitted from the damaged person to the account under the name of the defendant on December 3, 2015.

However, at that time, C was engaged in new trade and sales business in the Philippines as well as Defendant’s private village punishment. Since the above C did not have been recommended by the Defendant to make any defect in the business as the Defendant, or by promising the Defendant to make an investment, it did not have any intent or ability to make an investment in the above business even if the Defendant received the investment money from the injured party, and there was no intention or ability to pay a certain amount of the monthly profit by generating the profit therefrom.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 33 million as investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Investigation report (to telephone conversations with a witness C);

1. Details and process of deposit transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. The punishment of the defendant is inevitable in light of the following: (a) the pertinent provision of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts; (b) the fact that the amount of damage for sentencing is considerable to the amount of damage for the reason of sentencing is not recovered; and (c) the defendant, even though he/she has not received a joint proposal for the defect of trade business or solicited the investment in the business, by deceiving the victim; and (d) the defendant is not obliged to be sentenced

However, the fact that the defendant confessions the crime of this case and repents his mistake, and there is no record of punishment for the same crime.

참조조문

-형법 제347조 제1항

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