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(영문) 광주지방법원 2013.11.29 2013고정2200
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Defendant

1. Around January 2010, the victim made a false statement to the effect that “The victim shall make a lump sum payment of the insurance money that is paid in KRW 700,000 per month to the victim D before he/she paid the insurance money on behalf of the victim.”

However, there was no intention or ability to complete the payment.

As such, the Defendant, by deceiving the victim and allowing him to pay a premium of KRW 4.9 million for seven months from that time from that time, thereby gaining pecuniary benefits equivalent to the above money.

2. Around September 2010, the victim made a false statement to the effect that “I would make a full payment 15 days after his/her husband and wife would make a loan to the school without a total of 2.5 million won” to the victim D, “I will make a full payment after 15 days of his/her loan to the school without a total of 2.5 million won.”

However, there was no intention or ability to complete the payment.

As such, the Defendant, by deceiving the victim, was immediately issued 2.5 million won by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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