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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2015 Highest 1173]
1. Fraud against the victim C;
A. A. On May 14, 2010, the Defendant made a false statement stating that “The Defendant had a debt equivalent to approximately KRW 40 million at the time of the cancellation of the contract, and was used in full as debt repayment, living expenses, operating expenses, and payment of insurance proceeds, etc., other than any other incomes, even if he/she received operating allowances. The Defendant did not intend to withdraw the insurance premium paid by the victim in the middle of the contract and use it for the Defendant’s existing debt repayment, living expenses, etc., and without any intent or ability to manage the funds by withdrawing the money paid at the home premium if he/she subscribed to an amount-variable variable insurance, and even if he/she suffered a loss, he/she shall guarantee the principal and interest at the time of the cancellation of the contract.” In addition, he/she made a false statement stating the total of KRW 10 and KRW 40,000 in attached Table 18,000 from June 17, 2010 to May 7, 2012.
B. The Defendant around May 20, 2010 set forth above 1-A.
In the place stated in the port, the fact, even if the victim borrowed money from the victim, was unaware of the intent or ability to pay the money for the foregoing reason, and the victim was unaware of the money with the victim’s “to pay the money at the time of the termination of the above M&D insurance” on May 20, 2010, by receiving KRW 20 million from the victim via the C&C account (Account Number: D) in the name of the defendant.
C. On March 2013, the Defendant: (a) in the Dokdong, which is located in the Dokdong-gu, Busan; (b) in the early 2013, the Defendant used the existing debt repayment and living expenses, etc. even if having received the loan, as a security deposit; or (c) did not have the intent or ability to change the payment guarantor to another person, the Defendant sought a loan of KRW 50 million to raise the security deposit under the current E 111 Dong 1504.