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(영문) 광주지방법원 2013.12.13 2013고단2240

사기

Text

A defendant shall be punished by imprisonment for three years.

The defendant is an applicant for compensation, who is an applicant for compensation, of KRW 64.7 million.

Reasons

Punishment of the crime

[2013 Highest 2240] The Defendant is a person who has engaged in LIG damage insurance telemarket.

On March 15, 2013, the Defendant made a false call at the LIG Damage Insurance Center located in Seo-gu, Seo-gu, Seo-gu, Gwangju, to the victim H, and called “A customer NIG Designer of LIG, who wants to provide a lot of talks that are difficult to have a customer. I would be able to refund the tax amount of KRW 1 million upon filing an application for income deduction with the National Tax Service if he transfers KRW 10 million to the National Tax Service.”

However, even if the defendant received money from the victim, he did not have the intention or ability to get the tax to be refunded.

On March 15, 2013, the Defendant, by deceiving the victim as above, received 4.3 million won from the victim to the account of community credit cooperatives (J) under the name of the Defendant, and acquired it by fraud.

[2013 Height2711]

1. On February 1, 2013, the Defendant told the victim C, who was a customer of the Defendant at the LIG Tele-dong, Seo-gu, Gwangju, that “If additional insurance money is paid to the currently subscribed savings insurance products, the Defendant would be subject to a large amount of income deduction, and the principal and profit of the additionally paid insurance premiums may be paid after one week.”

However, in fact, the defendant only thought that he will receive money from the victim to use for the repayment of gambling funds such as sports competitions and personal debt, and there was no intention or ability to allow income deduction and profit.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on February 1, 2013, KRW 5.26 million on or around February 28, 2013, KRW 90,000 on or around March 4, 2013, KRW 30180,000 on or around March 5, 2013, KRW 2.56 million on or around March 10, 2013, and KRW 54.7 million on or around March 14, 2013, and acquired it through a new bank, etc. in the name of the Defendant, etc.

2. The Defendant, around 14:00 on March 30, 2013, at his own house located in Seo-gu K and 214, Seo-gu, Seo-gu, Gwangju.