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(영문) 서울북부지방법원 2018.05.25 2018고단864
사기등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be liable to the applicant B for the damage KRW 5,00,000 and the applicant C for the damage.

Reasons

Punishment of the crime

[criminal record] On October 2, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court). On February 7, 2014, the same court was sentenced to six months of imprisonment for the same crime and served in a female prison, and was released on October 28, 2014 and passed on February 13, 2015.

[Criminal facts]

1. Fraud;

A. The Defendant, around November 10, 2016, displayed the Frane account screen of 312.38% of the yield stored in his/her smartphone from the “E dan” located in Seongbuk-si, Sungnam-si, and “I would like to raise profits at present while working as the team leader of the G G G, and to guarantee the profits of 20-25% of the investments to B, if I will receive KRW 20 million, by investing in H shares, return KRW 80,000 after one year.

The phrase “ makes a false statement.”

However, there was no fact that the Defendant was working as the team leader, and there was no investment in the F shares. The above screen that the Defendant shown to the victim was prepared by arbitrarily modifying it using the screen board program, and there was no intention or ability to raise profits to the victim, as the Defendant promised to invest the funds from the actual victims in high-risk overseas futures, not in the above H shares, but in high-risk overseas gifts.

On November 11, 2016, the Defendant received KRW 20 million from the damaged party to the J bank account under the name of the Defendant around November 1, 2016.

2) On November 23, 2016, the Defendant would return KRW 15,690,000 after two months from the Plaintiff’s investment in the K shares in the “E dan” located in Seongbuk-si, Sungnam-si.

The phrase “ makes a false statement.”

However, the defendant did not have an intention or ability to raise profits to the victim, such as the defendant's plan to invest money received from actual victims in high-risk foreign futures, not K shares, but as he promised to do so.

The defendant belongs to this.

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