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(영문) 제주지방법원 2013.12.19 2013고단1530
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 09:00 on April 2, 2012, the Defendant made a false statement to the effect that, “The Dong-si Hospital is hospitalized in the Dong-si Hospital. A Dong-si is insured and discharged from the hospital,” the Defendant would receive insurance money. The insurance company would pay the interest on the loan if it borrowed from the terms and conditions loan as security, and pay the interest on the loan if it borrowed the loan.”

However, in fact, the Defendant was unable to obtain a loan from the financial right as a person with bad credit, and was willing to use the loan from the victim to pay the personal debt when he was urged to pay the loan from the victim. Since he did not have any right to the insurance money of the same student, he did not have any intent or ability to pay the loan even if he borrowed the money from the victim.

The Defendant, at around 12:00 on April 2, 2012, ordered the victim to borrow KRW 12,00,000 from the Samsung Bio-resources Insurance Co., Ltd., which is linked with Jeju Island, and then received the passbook (Account Number D) and passwords in the name of the victim whose loan was deposited. On April 30, 2012, the Defendant, at around 15:00 on April 30, 201, got the victim to borrow KRW 20,00,000 from the Hansung Life Insurance Co., Ltd., Ltd., at around 12:0 on April 14, 201, transferred the above account to the victim, and received KRW 12,00,00 from the victim Co., Ltd., Ltd., at around 14, 201, at around 10:00 on May 14, 201 to receive KRW 30,000,000 from the victim’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62(1) of the Criminal Act:

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