(영문) 의정부지방법원 고양지원 2019.10.24 2017고단3368

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(영문) 의정부지방법원 고양지원 2019.10.24 2017고단3368

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Around 19:00 on April 10, 2010, the Defendant: (a) falsely speaked that, at around 19:00, the name-dong 2 in Jung-gu Seoul, Jungdong-gu, was suffering from a loss of stock investment; and (b) the Defendant was not the owner of B apartment, and thus, did not have the intent or ability to pay the profits even if having received an investment money from the victim C, the Defendant was unable to do so; (b) however, the Defendant received the Defendant’s transfer from the victim of the total account No. 1 to 600 on April 21, 2010, the amount of KRW 50,000,00 from the Plaintiff’s account would be 15% of the profits accrued or would be 1.0 billion of the profits accrued during the second month of the week; and (c) B apartment house currently operated is 500,000,000 won or more; and (d) the sum was transferred from the victim’s account No. 1 to 500,00.

2. The Defendant stated that at the end of April 2010, the Defendant did not have the intent or ability to pay profits even if he received investment funds from the victim, as described in paragraph 1, the Defendant stated that “I would make profits by making stocks available to B with the investment funds that he/she has left, sell all the stocks he/she owns, and would make all the stocks he/she sells and make profits from 15% of profits from the victim,” and that this year from April 26, 2010 to April 26, 2010 from the victim.

5. From 20 up to 14 times in total, a total of KRW 130 million was remitted to an account under the name of the defendant, such as Nos. 7 to 20 of the annexed list of crimes.

Accordingly, the defendant deceivings the victim as above and acquired 180 million won from the victim.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a cash custody certificate, account details, and written confirmation of transfer transactions;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

참조조문

-형법 제347조

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