(영문) 서울서부지방법원 2017.10.25 2017고단937

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(영문) 서울서부지방법원 2017.10.25 2017고단937

사기

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

When the Defendant, as an insurance designer, received a demand for a loan from the obligees, he planned to receive KRW 28 million from the victim B, who was well aware of the relationship with the ordinary insurance contract, to receive the insurance cancellation fee of KRW 28 million. In addition to the two millions, he had known that the Defendant had sought a place to deposit KRW 30 million, he had been able to use the said KRW 30 million from the victim for repayment of his personal debt, etc.

The Defendant on September 23, 2016 at D cafeteria located in Mapo-gu Seoul Metropolitan Government, on September 23, 2016, lent KRW 30 million to the Defendant for monthly insurance premium, instead of monthly interest, to the Defendant.

In order to subscribe to pension insurance, for this, money may not be paid off, and the premium would be paid up until the principal is paid.

However, in fact, the Defendant was urged to pay 50 million won to the obligees for personal debt, and the Defendant was required to pay 1.2 million won each month, and there was a circumstance to prevent the so-called return of money from lending money from others. Therefore, even if the Defendant borrowed money from the damaged party, it did not have any intention or ability to pay the money.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim for the purpose of borrowing money from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to B

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (it shall be considered as favorable circumstances in which the damage has been recovered through the payment of all the defraudeds to the victim and the fact that the damage has been recovered, etc., in light of the circumstances unfavorable to the fraud, the primary crime,

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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