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(영문) 창원지방법원 통영지원 2019.06.25 2019고단124
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant: (a) was a long-standing destination of the deceased victim B, and (b) was maintained in her friendship with the victim, such as the victim’s coming to the third village from the birth; (c) was killed due to the vehicle fall accident on June 30, 2016; (d) but (c) was refused to pay the death benefit upon suspicion of committing suicide in three insurance companies, such as D, by requesting the victim to pay the insurance benefit normally.

Around August 22, 2016, the Defendant entered into a false statement that “The Defendant shall file a lawsuit against the victim who intends to receive the death benefit, but the attorney-at-law is required to help him/her to do so, and if the attorney-at-law’s fee is paid to the attorney-at-law office located in Seoul and the attorney-at-law office in Seoul, the cost of appointment of the attorney-at-law should be additionally required, such as transportation cost

However, in fact, the defendant thought that he would use the expenses received from the victim for personal purposes, such as living expenses and repayment of debts, there was no intention or ability to use the above amount as attorney appointment expenses and transportation expenses.

On November 15, 2016, the Defendant: (a) by deceiving the victim as above; (b) obtained a total of KRW 10 million from the said E Association account under the name of the Defendant on three occasions on the same day, including expenses for appointing attorneys-at-law; (c) obtained KRW 5 million from the victim; and (d) obtained KRW 2 million from the H Bank account under the name of G (I) operated by the Defendant on November 15, 2016; and (e) obtained KRW 3 million from the said E Association account under the name of the Defendant on three occasions on November 27, 2016.

The Defendant, when receiving a total amount of KRW 453,880,489 from three insurance companies, such as D, J, and Postal Insurance Companies, concluded that “The Defendant would, on February 16, 2017, pay the victim a total of KRW 453,880,489, the amount of the death insurance money, and that “The Defendant would be treated at all, on the face of part of the amount of the insurance money that should be paid rebates and the contingent fee of KRW 30,00 to the side of the insurance company and the attorney at a non-existent place

However, the defendant is true.

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