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(영문) 대전지방법원 2019.03.14 2018고단3878

사기

Text

[Defendant A] Defendant A shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendants were those who worked as D insurance solicitors in Seo-gu Daejeon, Daejeon, and Defendant A became aware of the victim’s interview and re-examination in F that the victim E was enrolled in around 2009, and Defendant B became aware of the victim through Defendant A.

1. Defendant A

A. On October 26, 2011, the Defendant made a phone call to the victim E and made it possible for investors to engage in the solar energy generation business in the Republic of Korea, and to participate in a special investment in a large amount of money. The Defendant made a false statement to the effect that the principal is guaranteed and the proceeds are left behind.

However, the Defendant did not proceed with the solar energy generation business, and was thought to use the money received from the victim as the cost of Lood’s expenses, and even if receiving money from the victim due to the excess of the debt at the time, there was no intention or ability to return the money.

Ultimately, the Defendant, by deceiving the victim as above, received from the victim each transfer of KRW 20 million on the same day from the victim’s G bank account (Account Number: H) in the name of the Defendant, KRW 8 million on May 25, 2012, and KRW 12 million on May 26, 2012.

B. Around January 2013, the Defendant made a false call to the victim E at an irregular site to the effect that “The general public cannot be seen in this Group. The general public is promoting the auction of his own art in China on a confidential basis, and the width is particularly integrated into this investment.”

However, since at the time there was no fact that the defendant was promoting the auction of his own art works in China, there was no intention or ability to pay the investment money even if he received the money from the victim.

In the end, it is eventually.