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의정부지방법원 고양지원 2019.07.05 2017고단3571
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has served as a financial designer of the State B.

The Defendant became aware of the victim’s financial design consultation with the victim C (the age of 25), and received investment money from the victim, paid the proceeds therefrom, and paid a trust in making frequent cash transactions such as entering into an insurance contract, which led to a problem in an insurance contract due to the absence of office operation expenses, and caused a problem in an insurance contract due to the absence of office operation expenses. The termination of an existing insurance contract, which led to the cancellation of the insurance contract, led to the occurrence of the payment of allowances to the victim, the Defendant would give high interest to the victim, and would be used for debt repayment, living expenses, etc.

1. On April 7, 2015, the Defendant made a false statement that “The above victim shall pay interest of 10% per annum if he/she lends 4.5 million won to the said victim, and shall repay it properly until November 30, 2016.”

However, in fact, the Defendant did not have any intention or ability to pay the interest and principal properly even if he borrowed money from the victim because the Defendant had a debt of KRW 4,000,000 against the beneficiary, such as KRW 12,000,000,000, with no particular asset.

Nevertheless, around July 4, 2015, the Defendant, by deceiving the victim as above, received 4.5 million won from the Defendant’s national bank account through the Defendant’s national bank account, and acquired it by remittance.

2. In the office described in paragraph (1) around November 9, 2015, the Defendant concluded that “If the Defendant borrowed KRW 90 million to the said victim, 18% interest per annum shall be paid to the said victim, and repayment will be made properly by November 8, 2016.”

However, even if the defendant borrowed money from the victim for the same reason as the statement in Paragraph 1, the defendant did not have the intention or ability to pay the principal properly.

Nevertheless, the Defendant is the victim as above.