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(영문) 서울북부지방법원 2015.02.13 2014고단3495
사기
Text

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

Reasons

Punishment of the crime

1. On March 11, 2013, the Defendant issued at the victim C’s house located in Ansan-si, Ansan-si, a name named as “SK Securities (9 floor of building in Gangnam-gu, Seoul), “SK Securities (9 floor of building in Gangnam-gu, Seoul),” and “B is the head PB who manages only VIP customers at SK Securities Company. There is good good goods. The Defendant made a false statement that “The 6-month period is 10% annual profits and principal of 10% investments that will be guaranteed.”

However, in fact, the defendant did not have worked in the SK Securities Company VIP management team, did not have worked in other securities companies, and the above name was false made by the defendant at his own discretion, and there was no intention or ability to return the principal together with the profits of 10% per annum from the victim.

On the same day, the Defendant was transferred KRW 20 million under the name of the Defendant to the SK Securities Account (G) in the name of the Defendant on the same day from the victim’s false statement as above.

2. On September 11, 2013, the Defendant made a false statement to the victim C by posting a phone to the victim C, stating that “if more money has been invested, the Defendant will guarantee the interest and principal of 10% per annum for a period of six months.”

However, the defendant received money from the victim as a share investment bond, and had a plan to use it as a coffee shop fund operated by him, and there was no intention or ability to return the principal together with the 10% annual profit.

On the same day, the Defendant received 30 million won under the name of the victim as investment money from the said SK Securities Account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A certified copy of a name box;

1. Details of banking transactions;

1. An investment contract;

1. Application of Acts and subordinate statutes on remittance confirmation;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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