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(영문) 수원지방법원 안산지원 2018.10.05 2018고단2162

사기

Text

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

Reasons

Punishment of the crime

The Defendant, on November 2016, lent money to the victim D who was aware of his knowledge at the “C” restaurant of the member-gu Seoul Special Metropolitan City, Ansan-si, Seoul Special Metropolitan City, to a member D, “E insurance designers in need of money to substitute for the customer’s insurance premium, and borrowed money to the E insurance designers, he/she would lend it to him/her.

The phrase “ makes a false statement.”

However, at the time, the Defendant spent most of the amount of money borrowed from the damaged party under the name of husband’s business investment in the amount of KRW 60 million to the husband’s business fund. The debt exceeds KRW 10 million, when working as an insurance designer, used approximately KRW 2 million to pay the monthly insurance premium on behalf of the damaged party, and had no choice but to use the money borrowed from the damaged party in repayment of the principal. Since there was no other revenue or property, the Defendant did not have any intent or ability to repay the money to the injured party even if he borrowed money from the damaged party.

Nevertheless, on December 29, 2016, the Defendant was delivered KRW 2,000,000 to the F account (G) account in the name of the Defendant around December 29, 2016, by deceiving the victim as above, and then received KRW 77,330,000 in total over 14 times from July 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to report on investigation (to hear suspect telephone statements and examine ability to perform);

1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act on the selection of punishment [the scope of recommending punishment] The grounds for sentencing [the scope of recommending punishment] in the basic area (six months to one year and six months) (the person who is subject to special sentencing] (the decision of sentencing] [the decision of sentencing] in the judgment of conviction obtained a lot of money by deceiving the damaged person as stated in the judgment, and the defendant did not recover from damage up to the present. In light of the above, the defendant may not be subject to strict punishment.