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(영문) 서울동부지방법원 2016.09.01 2016고단869
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2016 Highest 869"

1. On July 15, 2014, the Defendant made a false statement to the victim C that “Around July 15, 2014, the victim would lend KRW 30 million to the victim C as he/she has a place of investment. The monthly interest will be KRW 450,000.”

However, as the defendant bears a large amount of 400 million won at the time, the defendant did not have the intent or ability to repay the above even if he borrowed the above money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the account immediately under the pretext of borrowing money, and received KRW 25 million as the check on the following day.

2. On December 2014, the Defendant made a false statement that “The Defendant sent KRW 60 million to the victim on a monthly interest, and returned KRW 1 million until March 2015,” by phoneing the victim at a scenary place.”

However, the defendant did not have the intent or ability to repay the above.

As such, the Defendant, by deceiving the victim, was given KRW 60 million from the victim on December 23, 2014 as the borrowed money.

3. On January 26, 2015, the Defendant: (a) changed the phone number from the victim’s apartment site to the back page number of the tenant F, using the victim’s apartment site; and (b) falsely stated that “I will use the new house contract when I first deliver KRW 24 million out of the deposit money to the victim.”

However, the Defendant was not F, and was not delegated by F with the above contents, and was expected to receive money from F to use it for the repayment of his/her obligation.

As such, the Defendant, by deceiving the victim, received KRW 24 million from the victim as the refund of deposit on the same day.

"2016 Highest 1955"

1. The Defendant is a policyholder at the Hancheon Life Insurance Co., Ltd. office located in Gangnam-gu Seoul, Seoul, around January 201.

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