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(영문) 춘천지방법원 원주지원 2015.08.19 2015고정298
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant made a false statement to the victim V, “I, in order to promote to an insurance solicitor at the Hansung Life Insurance Company in Korea, I first have to discharge the obligation to be borne by the guarantee insurance company, and if I will first lend money, I will pay the above obligation and pay the money as the team leader.”

However, in fact, the Defendant was in a situation where the revenues were not fixed at the time, and the Defendant was liable to F for the obligation of KRW 2,732,00,000 to Cmerat Korea Loan, KRW 2,294,00,000 to Cmerat Korea Loan, KRW 2,294,00, and KRW 1,560,000 to Lone Star Mutual Savings Bank, and the Defendant’s family members were liable to pay the Defendant’s living expenses only with the Defendant’s revenues, so there was no intention or ability to pay them normally even if receiving them from the victim.

Nevertheless, the Defendant received KRW 7,450,000 in total from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. 피고인에 대한 검찰 피의자신문조서(차용 당시 다른 채무가 많아 피고인의 수입에서 생활비를 제외하면 정상적으로 채무를 변제하기 힘든 상황이었고, 한화생명보험에서 받은 급여로는 생활비 쓰기에도 벅찼다는 내용)

1. V's statement among the interrogation protocol of the defendant against the prosecution;

1. Application of the detailed statement of financial transactions, the statement of payment, the credit and rating information of A (suspects), W's statement of financial account transactions in the Agricultural Cooperatives, W's statement of payment, and written confirmation of payment of fees for Korean Commercial Life Insurance;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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