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(영문) 인천지방법원 2016.11.24 2016고단6855
사기
Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

가. 피고인은 2009. 11. 2. 인천 서구 D 소재 피해자 C의 집에서, 피해자에게 “여윳돈이 있으면 돈을 빌려 달라. 3개월만 쓰고 원금을 돌려주고, 월 10만 원씩 이자를 주겠다.”라고 거짓말을 하였다.

However, in fact, the defendant was unable to obtain a loan from a bank due to the lack of credit rating at the time, and when using the loan as interest at the 10th of each month, it was economically difficult due to the payment of principal and interest of each month, and even if he borrowed money from the other party, he/she did not have an intention or ability to repay it within three months.

Nevertheless, the Defendant, by deceiving the victim as such, received 3 million won from the victim to the account of community credit cooperatives under the name of the defendant on the same day, and acquired it.

B. On September 24, 2012, at the place indicated in the preceding paragraph, the Defendant made a false statement to the victim stating that “The Defendant sent a drinking traffic accident to the victim. It is urgently needed to pay money, but only KRW 6 million has been borrowed. It is intended to return only for a few months.”

However, at the time of fact, the defendant was instructed to demand a large amount of personal debt as stated in the preceding paragraph, and not only was paid a monthly wage as insurance money to maintain insurance performance, so there was no intention or ability to pay the amount even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 6 million won from the victim to the account of community credit cooperatives under the name of the defendant on the same day, and acquired it by fraud.

C. On March 7, 2013, the Defendant: (a) on March 7, 2013, in Chuncheon-si, Gangwon-do, how much the death benefit amount of the victim would remain; (b) on good insurance products, the Defendant may receive KRW 400,000 per month if he/she puts KRW 6 months into two.

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