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(영문) 전주지방법원 군산지원 2017.04.26 2016고단1268
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2015, the criminal defendant against the victim C by phoneing the victim C at a place where the Gunn-si was in the Gunn-si of North Korea on March 25, 2015 and treating the documents of death insurance.

In the event of insurance money, the insurance money was paid up to KRW 300,000,000,000,000.

However, the Defendant was unable to receive death insurance money due to his father’s death, and all of the money received from the actual victim was used for personal use by withdrawing in cash, and at the time, the Defendant did not have any intention or ability to pay the borrowed money to the victim on the ground that there was no certain income from the Defendant’s debt amounting to KRW 140 million.

Nevertheless, the Defendant received 42,962,00 won in total from June 22, 2016 to the said account from the time when he/she received the said money from the injured party to the Agricultural Cooperative account under the name of the Defendant on the same day, and acquired the victim’s property by receiving the said money from the said account, from June 22, 2016, the sum of KRW 42,962,00,000, as shown in attached Table 1.

2. On October 29, 2015, the Defendant made a false statement to the victim D from the Felel located in the former Doo-si, Gyeonggi-do, Seoul Metropolitan City, that “The Defendant would receive KRW 3 billion with the father’s death insurance and inheritance insurance and inheritance insurance, if he/she lends money at trial expenses.”

However, the defendant could not receive insurance money and inheritance money due to his father's death, and at the time the defendant did not have any intention or ability to pay the borrowed money to the victim due to the lack of certain income.

Nevertheless, the Defendant received 20,595,000 won in total from 95 times until June 6, 2016, including the receipt of 180,000 won from the damaged person’s account under the name of the Defendant from the said false statement, and received 20,595,000 won from the victim to the said account from June 6, 2016.

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