(영문) 의정부지방법원 2015.05.19 2014노3104

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(영문) 의정부지방법원 2015.05.19 2014노3104

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) although the Defendant operated an internal-tech wholesale business with money invested by the victim, etc., he did not comply with the promise to pay interest or profits to the victim due to the enemy; and (b) there was no intention to acquire the victim’s money by fraud; (c) the sentence of the lower court of unfair sentencing (one year and two months of imprisonment, three years of suspended execution, three years of social service, etc.) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. 1) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant acquired KRW 200 million under the pretext of investment by deceiving the victim, despite that the Defendant did not have the intent or ability to pay interest of KRW 2.5 million per month in the normal operation by creating and operating an inner wholesale business with capital of KRW 600 million.

A) The facts can be sufficiently recognized by the Defendant: (a) around February 19, 2010, the Defendant attempted to invest KRW 200 million in the victim; (b) “The internal price is KRW 200,000,000,000,000 in the capital of KRW 600,000 in the capital; and (c) paid interest of KRW 250,000 in each month to distribute 25% of the annual profit; and (d) the victim considered that “it is possible to operate a stable business if the amount of capital exceeds KRW 60,000,000 is paid,” and (e) transferred the money to the Defendant’s personal account in the name of the Defendant (hereinafter referred to as “the Defendant’s personal account”).

B) On February 17, 2010, the Defendant borrowed the name of G and registered the business under the trade name of “E company” and opened the account in the name of G with the business account (hereinafter “business account”).

The business began by using the route, and thereafter from the victim.

유사 판례

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-대구지방법원 2015.09.10 2014가합6019