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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall pay 51,030,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
【Criminal Power】 On October 27, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on May 9, 2012.
【Criminal Facts】 【2012 Highest 131】
1. Around December 9, 2006, the Defendant against the victim D made a false statement to the victim D, “it is necessary to receive KRW 300 million insurance money from the Korea Life Insurance Company, etc. in the office of the Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government Egypt Group Egypt., and at present, attorney’s expenses are required during the lawsuit. If the Defendant borrowed money, he/she will receive money from the insurance company and pay it immediately after receiving money
However, in fact, it was not clear whether the Defendant is entitled to receive insurance proceeds from an insurance company for life at the time. Even if the amount was paid, it was not possible for the Defendant to pay the insurance proceeds that was paid to a large amount of personal debts under the circumstances where the amount was not much. Since it was in a bad credit condition without any particular property or income, there was no intent or ability to pay the above amount to the victim, as promised.
The Defendant received a total of KRW 30 million from the above victim, i.e., five million won from the seat, and received KRW 8.7 million around December 30 of the same year and KRW 16.3 million around January 10, 2007.
Accordingly, the defendant was given property by deceiving the above victim.
2. On June 19, 2007, the criminal defendant against the victim F made a false statement to the victim F within Gangnam-si G Apartment 503 505 dong 2007, stating that “The victim F would receive KRW 300 million insurance money from Korea Life Insurance Company, etc.” If the victim F borrowed KRW 20 million from the insurance company, he/she would receive money from the insurance company and repay it by October 30, 2007.”
However, in fact, it was not clear whether the defendant is entitled to receive insurance money from the life insurance company at the time, and even if he is paid, the amount was not much.