(영문) 서울남부지방법원 2018.02.21 2017고단5633

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크기(pt)

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자간(%)

(영문) 서울남부지방법원 2018.02.21 2017고단5633

사기

Text

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

Reasons

Punishment of the crime

On April 2015, the Defendant called the Victim AB, who was in her husband, who was living in the aftermath as a member of the husband of the AA, at a place where the Defendant was in fire, and could guarantee the principal of the consumable and give high interest of 6 to 10% per month when investing in the purchase of expendable goods and the acquisition of non-performing loans.

For a period of two months, a false statement was made to the effect that "if money is paid back, it shall be made."

However, even if the Defendant received money from the victimized party, the Defendant was thought to use the Defendant’s personal debt repayment, etc. without using the Defendant’s pro-friendly Y investment business operated by the Defendant, and it was difficult to operate the said investment business, and there was no intent or ability to pay the principal or interest due to the investment.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on May 15, 2015, KRW 10 million on June 5, 2015, KRW 8 million on July 2, 2017, KRW 8 million on July 25, 2017, KRW 30 million on August 3, 2017, and KRW 86 million on September 11, 2017, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes on account transactions (the 2th page 52 through 58 of investigation records);

1. In light of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act, the interest rate for which the Defendant promised to impose the sentence of imprisonment for the reason of sentencing is a high rate that it is practically impossible to pay in line with the normal business; the Defendant used part of the amount of the money obtained by the Defendant as an individual; the other part of the amount of the money acquired by the Defendant was used as an alternative to other investors immediately; and the Defendant received 66 million won out of the amount of the money acquired by the Defendant since 2016, when the company’s finance was very poor; and when taking account of the fact that the Defendant received 66 million won out of the amount of the money acquired by the defrauded after 2016, the Defendant fully

I seem to appear.

The defendant is a victim.

참조조문

-형법 제347조 제1항

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