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(영문) 서울서부지방법원 2017.10.27 2017고단991

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2014, Defendant C received KRW 50,000 as a child’s death insurance amount at a non-place where 2017 high group of 991 Defendant C, with the knowledge of the fact that he/she received KRW 50,00,000 from the victim’s child’s death insurance amount, the said victim stated that “I will give three (3) interest per month if he/she lends 50,000,000 won to be urgently required to pay the money, and pay the money if he/she talks only

However, in fact, although the insurance designer was working as the insurance designer at the time, the revenue was not fixed, and the revenue was caused by all living expenses, etc., while the loan was not paid to D, E, etc., but it was difficult for them to receive payment due to their escape, etc. However, since the amount borrowed from the damaged person for about KRW 200 million was thought to be used for the repayment of the existing debt, there was no intention or ability to make payment three months after receiving the request for the return of the loan from the damaged person.

On the same day, the Defendant, by deceiving the victim as such, was transferred KRW 50 million to the bank account (F) in the name of the Defendant from the damaged person to the new bank account in the name of the Defendant.

On November 30, 2012, Defendant 2017, Defendant 2119, saying, “The Plaintiff, by telephone, made a false statement to the victim G by phone, stating that “The Defendant would make a loan to the victim, which would be 2 copies of the monthly interest, and that the Plaintiff would make a payment at any time.”

However, in fact, since October 2012, the defendant extended the life insurance to the defendant as collateral, and most of the benefits that the defendant received as an insurance designer were used to pay the credit operation fund and loan interest operated by the defendant. Since the end of 2012, the debt accumulated from the end of 2012, and the defendant did not have any intent or ability to pay the debt even if he borrowed money from the damaged person.

Ultimately, the Defendant, as seen above, deceiving the victim, received KRW 10 million from the victim, on October 8, 2012, from the victim, to the bank account in the name of the Defendant, and from the above day to the point.