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(영문) 인천지방법원 2016.10.28 2016고단5867
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2015, the criminal defendant against the victim C made a false statement to the effect that “If the victim lends KRW 20 million to the insurance solicitor, he/she will pay the victim the above money in one million per month while working as an insurance solicitor, and will make a notarial deed in the husband’s name in order to implement the said promise.”

However, at the time of bad credit standing, the defendant was in the so-called so-called "fashion" when he was liable to pay approximately KRW 93 million to the defendant, and the above notarial deed was prepared by the defendant at his own discretion without his husband's seal imprint, etc., and most of the insurance contracts solicited by the defendant by soliciting insurance in the name of the defendant who is not capable of purchasing insurance or paying insurance premiums under his own name was invalidated. However, the defendant did not have an intention or ability to pay KRW 1 million per month to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on August 7, 2015, and transferred KRW 17,000,000 to the account in the name of Defendant FF, around August 7, 2015.

2. On September 25, 2015, at the Defendant’s home located in Hasan-si H, 106 Dong 903 on September 25, 2015, the Defendant made a false statement to the effect that “Around 100,000 won should be lent to the victim G, because it is urgently required to pay money. The husband is a farmer, while her husband is a farmer, there is a big amount of money when harvested.”

However, in fact, even if the Defendant had been in excess of his debt due to bad credit standing, and the husband of the Defendant had to repay the debt around October 2015, he could not use the profits accrued therefrom in the repayment of the Defendant’s debt even if he had harvested about KRW 17 million in October.

Nevertheless, it is not possible.

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