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(영문) 인천지방법원 2016.09.22 2016고단2547
사기
Text

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

Reasons

Punishment of the crime

As the defendant works as an insurance designer, from 197 to 52 years old, he was aware of the victim D (V) with neighboring countries, and was in charge of insurance design and management of the victims and their families.

Even if the victim borrowed money from the victim, the victim did not have an investment source to pay high interest, and there was no intention or ability to pay the money from the victim on the date of promise due to the lack of the living expenses, credit card payments, vehicle installments, and other customer's premium payments.

1. On June 10, 2013, in the 111th floor of the “F convalescent Hospital” located in Gyeyang-gu Incheon building E, Gyeyang-gu, Incheon, the term “the victim may pay a higher interest than bank interest.” As such, the victim’s loan out of the pension insurance purchased only KRW 40 million. The interest rate is KRW 80 million per month, and the principal amount is KRW 40 million after one year.”

Accordingly, the defendant was transferred 40 million won to the bank account of the defendant on the 28th day of the same month from the victim.

2. On September 2013, 2013, in the aforementioned convalescent hospital, the lower court concluded that “a person lends KRW 50 million to the victim in addition to KRW 10 million at the time that he/she borrowed KRW 40 million at the same time.” On the other hand, the lower court concluded that “a person would pay interest of KRW 1 million per month if he/she lends KRW 10 million to the victim.”

Accordingly, on October 4 of the same year, the defendant was transferred 10 million won to the bank account of the defendant on April 4 of the same year.

3. On January 20, 2014, the Plaintiff made a false statement to the effect that “If she loans only KRW 10 million as a enrollment fee, she will complete the payment after one month, by putting the phone to the victim at the address of the Incheon, not more than Incheon.”

Accordingly, the defendant was transferred 10 million won to the bank account of the defendant on the 21st of the same month from the victim.

4. On May 1, 2014, the Plaintiff made a false statement to the effect that “Around May 1, 2014, the Plaintiff, by walking a phone, borrowed KRW 10 million as much as it is necessary to pay the phone to the victim.”

This month is the same month from the injured party.

2. The defendant's bank account is the Korean bank account.

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