(영문) 부산지방법원 2017.11.13 2017고단4803

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(영문) 부산지방법원 2017.11.13 2017고단4803

사기미수

Text

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

Reasons

Punishment of the crime

The defendant and M (the indictment of detention on February 13, 2017) are to attract investors to invest in shares, etc. after investing in shares, etc., and receive 250 million won from J, which is the terter, but M has spamed it with gambling funds.

Accordingly, the Defendant is willing to attract other investors to receive money and valuables under the pretext of investment, and on December 7, 2016, the Defendant would return money and valuables to the victim N, who was known to the ordinary sense of peace on December 7, 2016, “in the event of investment of KRW 500,000,000,000,000,000,000 won,

“The purpose of “ was to receive KRW 500 million as investment money by making false statements to the effect that it was given.”

When the Defendant was unable to pay the principal and proceeds as agreed upon by the injured party under the terms of the investment deposit, around December 26, 2016, the Defendant sent money to the Gangnam-gu Seoul Metropolitan Government Pcac O, and the fact was false to the effect that, even if the injured party received the additional investment deposit from the injured party, even though he did not have the intent or ability to normally pay the said principal and proceeds, it is necessary for the victim to compensate for the principal amount of KRW 340,000,000,000 to recover the principal amount. The J returned the said amount to the J, and again borrowed KRW 60,000,000,000 to the creditor of the J, and then re-investment the said amount to recover KRW 50,000,000,000,0000,0000,000 prior to its investment.

The defendant deceivings the victim as such, and intending to take money and valuables from the victim as investment money, but the victim failed to prepare additional investment money, thereby making the victim attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to N;

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

1. Articles 352 and 347 (1) of the Criminal Act relating to the facts constituting an offense;

2. Selection of an alternative sentence of punishment (the amount to be acquired by deception shall be disadvantageous;

참조조문

-형법 제347조 제1항

-형법 제352조

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