(영문) 서울남부지방법원 2014.01.15 2013고단3888

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(영문) 서울남부지방법원 2014.01.15 2013고단3888

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 December 22, 2010, the Defendant told the victim D to the effect that “I will guarantee the principal because there are house and deposit money in the name of the Defendant and deposit money,” the Defendant stated to the effect that “I will make an investment of stock investment funds to B, if I make an investment within 5 percent per day, and if I make an investment to B, I will pay 10 percent of the amount of investment every month.”

However, the Defendant did not own real estate in the name of the Defendant or deposit for lease on a deposit basis, and did not generate profits every 5 percent of each day through stock investment, and was willing to use the money transferred from the victim for the purpose of stock investment in full for the Defendant’s living expenses, profit repayment to other investors, etc. Therefore, even if receiving an investment money from the victim, the Defendant did not have the intent or ability to pay the investment money normally to the victim.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim’s account in the name of the Defendant on the same day from the victim, and thereafter received KRW 2772,500,000 from the victim D and E in total by the same method, from July 13, 2012, as indicated in the separate crime list, from July 13, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement D in the police interrogation protocol of the accused;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been sentenced to a fine in 2001 by the same criminal records, that the defendant has invested most of the amount of damage, that the defendant has paid approximately KRW 168 million to the victims (investigative record 45 pages), and that the victim D is the same as the defendant.

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