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(영문) 서울중앙지방법원 2012.03.28 2010고단7089
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At the time of the payment of the insurance premium under the name of the defendant, the defendant made the victim D, an insurance solicitor of Samsung Life Insurance Co., Ltd., to pay the insurance premium to the defendant, even though he did not have the intent or ability to pay it. However, the defendant made a false statement to the victim from March 2004 to July 14, 2004 that "at present soup construction is done, and there is no money, as the loan application is in the state of being set," and that there is no money." The defendant made a false statement from July 15, 2004 to March 15, 2005 that "a bank loan will be paid to the same victim on behalf of the defendant at the same place from March 2004 to July 14, 2004."

As above, the Defendant: (a) by deceiving the victim as above; and (b) had the victim pay an insurance premium equivalent to KRW 46,142,800 from March 2004 to March 2005, the Defendant acquired pecuniary benefits equivalent to the said amount by having the victim receive the insurance premium from March 2004 to March 2005.

2. Around August 11, 2004, the Defendant, at the F’s name, made soup and soup, the false statement that “F will pay F’s insurance premium later on the part of the Defendant,” which is the Defendant’s vegetator F for the same F. That is, “I will pay F’s insurance premium later if I want to pay the F’s insurance premium.”

The Defendant, by deceiving the victim as above, caused the victim to pay a total of KRW 3,844,400 on seven occasions from August 2004 to February 2, 2005, and caused F, a third party to acquire pecuniary benefits equivalent to that amount.

3. Even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the money. However, at around December 19, 2004, the machines and electronic equipment located within the set soup and making soup to G with the husband of G was put up for auction.

20,000,000 won.

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