beta
(영문) 창원지방법원 마산지원 2015.11.11 2015고단564

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2015No. 564] The Defendant first known the Victim F as a customer around 201, as an insurance solicitor of the Korea-U.S. E branch in Changwon-si E branch in Changwon-si, and the victim from June 2013 to May 2014 also worked as an insurance solicitor of the said Hanhwa-si E branch.

On June 28, 2013, the Defendant knew that he had property inherited from his parents, and falsely stated that “If he lends KRW 10 million to his parents, he would pay the principal to the victim KRW 200,000 as interest per month, he will pay the principal after one year.”

However, as the income of the defendant at the time of fact is insufficient to cover card payments, vehicle installment payments, living expenses, etc., and even if he/she borrows money from another person, he/she did not have an intention or ability to complete payment.

The Defendant received 10 million won from the victim as the borrowed money on the same day, and took over 78 million won in total from around that time to February 19, 2014 as stated in the attached list of crimes from around the time to around February 19, 2014.

[2015No. 792] The Defendant called the victim G who was aware of the insurance coverage issue on August 28, 2014, to whom the Defendant had no fixed income at the time, and the card payment was in arrears. The Defendant had a debt equivalent to KRW 78 million to F, and even if she borrowed money from the victim due to the shortage of paying the payment for the flex vehicle and living expenses, there was no idea to receive interest on the loan from the victim. Although the Defendant was thought to have used for personal purpose, such as lending the money to the victim for personal purpose, such as paying the money for the HF vehicle operated by himself as collateral, even if he was to have lent the money to his friendship, the Defendant would have raised the interest if he lent the money to the person with friendship.” The Defendant borrowed money from the victim.