beta
(영문) 울산지방법원 2012.09.13 2012고단1483

사기

Text

Defendant

A and B shall be punished by a fine of KRW 6 million, and Defendant C shall be punished by a fine of KRW 10 million.

The defendants are the defendants.

Reasons

Punishment of the crime

[2012 Highest 1801] The Defendants were willing to take over the means of access, such as a passbook under the name of another person, and a passbook under the name of another person, and the said cash card and password, which is not known, requested the Defendant C to ask the Defendant C to request the delivery of money. Defendant C asked the Defendant A to request it, Defendant A asked the Defendant to request it, Defendant A’s request to do so, and Defendant A asked the H whose name is not known to do so to do so for successive public offering. On February 2, 2012, Defendant C notified of the freight transport number from Defendant B received the cargo of high-speed bus from the Gangnam-west bus terminal located in Seocho-gu Seoul Metropolitan City distributiondong, Seocho-gu, Seoul, and acquired the cash card and password, which is the means of electronic financial transactions, by receiving the I and J bank passbook under the name of another person, and the cash card and password.

[Around July 20, 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 8 million operating expenses to undergo an operation immediately, he/she shall receive insurance money equivalent to KRW 30 million from an insurance company after the operation and make a full payment until August 15, 2011, the Defendant would have to receive insurance money equivalent to KRW 30 million from the insurance company.”

However, in fact, the Defendant did not have any particular income or property, and did not have any circumstances to the extent that the monthly rent of the dwelling is overdue, and even if performed, the Defendant was not in the position to receive the insurance money equivalent to KRW 30 million. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay it as agreed.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 8 million from the victim as the borrowed money on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness I, J, B, A, and C;

1. L.W.