(영문) 울산지방법원 2017.09.19 2017고단2599

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(영문) 울산지방법원 2017.09.19 2017고단2599

사기

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Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant and the victim C(n, 26 years of age) are between the friendship that was known from 20 to 20 years of age.

1. On March 2016, the Defendant would make an investment in shares with the money in lieu of repaying the amount of KRW 4 million borrowed from the Plaintiff around February 2016, at a closed place, at the victim’s telephone.

In the event of investment in shares, profits will accrue and will be given to thener.

“A false statement,” and the victim who believed this word as it is, accepted the proposal of the Defendant.

On March 29, 2016, the Defendant: (a) 170,000 won to the victim at an insular place; and (b) 170,000 won to the victim; and (c) 200,000 won to the shares.

The phrase “the amount of investment in shares may be reduced by continuously investing shares in four names,” and the phrase “the amount of investment in shares may be changed.”

However, in fact, the Defendant did not use the borrowed amount of KRW 4 million that the Defendant had to pay to the victim for the investment of stocks at that time. At that time, the Defendant did not use the borrowed amount of KRW 4 million for the investment of stocks itself until that time, and 170,000,000,000,000 that was paid to the victim as the profits of the victim, and the Defendant was the money remaining as the Defendant used for the above 4 million amount for the investment of stocks. Since the Defendant was planned to use the borrowed amount for the investment of stocks as the entertainment expenses and living expenses, even if having received the money under the name of the investment of stocks from the beginning, there was no intention or ability to use the borrowed amount for the

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1.1 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, under the name of capital investment around April 9, 2016.

2. On November 2, 2016, the Defendant, under the pretext of taxes on shares and fees for guarantee fund, should pay taxes and fees for the Guarantee Fund due to shares in the victim’s name by telephoneing on a closed place and by posting the phone to the victim.

As such, financial designer D.

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