(영문) 대전지방법원 천안지원 2017.11.17 2016고단2352

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(영문) 대전지방법원 천안지원 2017.11.17 2016고단2352

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. B said, at a non-permanent place on September 2014, the Defendant stated that “The Defendant would pay high profit, make an investment by using a computer, and make an investment more than the bank interest if it lends money.” The principal is “The amount of the money to be invested is absolutely guaranteed and the profit per betting amount is less than 30,000 won.”

However, even if the “C” received money from the injured party on the illegal sports gambling site, the said “C” did not have any intent or ability to pay the principal and make profits.

Nevertheless, the Defendant received from the injured party the deposit of KRW 10 million on the 19th of the same month with the Saemaul Treasury Account (E) in the name of the Defendant, and KRW 15 million on the 30th of the same month.

Accordingly, the defendant, in collusion with B, obtained a total of 25 million won.

2. On October 20, 2014, the Defendant: (a) had no experience in operating an entertainment store or investing in an entertainment store; and (b) had no intent or ability to repay the amount including the amount of damage specified in paragraph (1) to the victim, even if the Defendant invested in an entertainment store operated by another person by lending money from the said victim; (c) had the victim made a false statement to the effect that “the victim had been erroneously paid the money at the last time; and (d) had no intention or ability to pay the money, including the amount of damage specified in paragraph (1).” The Defendant received KRW 20 million from the victim to the said account in the name of the Defendant from the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of custody, certificates of details, and detailed statements of each transaction;

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

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(2) of the Criminal Act (amended by Presidential Decree No. 2010, Dec. 1, 200; Presidential Decree No.

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

참조조문

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