A defendant shall be punished by imprisonment for two years.

An application for remedy by an applicant for compensation shall be dismissed.

Punishment of the crime

The crime was placed in the order of the first time of crime.

[2012 Highest 2180 case] On July 17, 2009, the Defendant stated that “The Defendant would transfer the registration to a non-insurance vehicle and receive the offender’s apartment charge from the perpetrator under the mutual agreement amount,” and that “I will pay the money with the security loan after the registration of transfer, if I borrowed only KRW 6 million.”

However, in fact, the defendant did not have to receive apartment from the traffic accident perpetrator as above, and there was no fact that the defendant would have been transferred apartment from the defendant's punishment, and even if he borrowed money from the victim, he did not have the intent or ability to pay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received a remittance of KRW 5.8 million from a corporate bank passbook (Account Number: E) in the name of the Defendant from the victim under the pretext of borrowing money from the victim; and (b) from that time until July 27, 2009, acquired financial benefits equivalent to the amount used in a manner that received money directly from the victim for nine times from the victim, or obtained the consent for the use of the credit card from the victim and did not pay the money.

【2012 Highest 5293 Cases】

1. Fraud;

가. 2009. 8. 30.자 사기범행 피고인은 2009. 8. 30.경 광주 서구 마륵동에 있는 LIG보험회사 사무실 앞 길에서 피해자 F에게 “내가 옛날에 형한테 빌려 쓴 돈이 있는데 이 돈을 당장 갚지 않으면 형이 잡혀간다. 그러니까 1,500만 원을 빌려주면 곧 변제하겠다”고 거짓말하였다.

However, even if the defendant received the above money, he did not have the intention or ability to pay the money to the victim.