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(영문) 춘천지방법원 원주지원 2019.08.29 2019고단562

사기

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Around January 31, 2018, the Defendant, against the victim B, made a false statement to the said victim’s “The said victim’s residence of Gangwon-si C apartment D, Gangwon-si, stating that “The said customer is insufficient to purchase goods to carry out restaurant funeral services. The money that the insurance customer would have to lend to the said customer is necessary, and thus would be repaid after the month of a week, by borrowing KRW 5 million, since it is necessary to borrow money to the said customer.”

However, the Defendant, at the time, was liable to pay approximately KRW 380 million, and was planned to use the said money for the purpose of repaying the said victim’s debt. Therefore, even if receiving the said money from the said victim, there was no intention or ability to pay the said money.

Nevertheless, the Defendant received KRW 5 million from the said victim’s account (E) on the same day from the said victim, and received KRW 31,000,000 from the victim on a total of six occasions from June 4, 2018, as shown in the attached Form 1 Crime List, from around June 4, 2018.

2. On May 25, 2017, the Defendant made a false statement to the victim F, “The said victim may pay money to the said victim because he/she does not have to do so in the course of performing insurance business.” On the one hand, the Defendant made a false statement to the effect that “on the other hand, he/she will pay interest on every month and pay the principal.”

However, the Defendant, at the time, was liable to pay approximately KRW 380,000,00 to the victim, and was planned to use the above money for the purpose of repaying his/her own debt. Therefore, even if the above money was paid from the victim, there was no intention or ability to pay the above interest to the victim.

Nevertheless, the Defendant received KRW 3 million from the said victim’s account in the name of the Defendant No. 1 on the same day.