(영문) 인천지방법원 2014.02.21 2012고단11604

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(영문) 인천지방법원 2014.02.21 2012고단11604

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2010, the Defendant made a false statement to the victim E, “A great mine would be developed in China, and a high interest would be paid when making an investment in this project. If an investment of KRW 30,000,000,000 is made, the principal and interest will be paid up to 40,000 won a total of KRW 90,00 won (five times a week).”

However, even if the defendant receives money from the victim, he was trying to pay other investors' profits with the money, and did not have the intent or ability to invest in the development of the Chinese mine.

As above, the Defendant, by deceiving the victim, received 15 million won from the victim to the external bank account under the name of the Defendant, namely, from the victim.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. Statement by police in E;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. According to Article 62(1) of the Criminal Code of the Suspension of Execution and the Defendant’s argument of the reason for sentencing, even if following the Defendant’s conviction and the reason for sentencing, the Defendant’s business prospects run at the time was very weak, the Defendant’s failure to notify the victim, and the use of the received money for the purpose of repaying the principal and interest of small-sum investors rather than invested in the business. Thus, the instant criminal facts are all recognized.

However, it is against the fact that the victim did not clearly notify the victim of the exact available measures, and that he received unreasonable investments in the unsound business, and that the victim's investment in February 8, 2010 is relatively minor considering the amount that the victim received as a profit in consideration of the amount that the victim received as a profit, the damage suffered by the victim is relatively minor, there is no criminal record, and all other kinds of circumstances such as the defendant's age, character, conduct and family environment.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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