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(영문) 수원지방법원 성남지원 2015.07.02 2015고단708

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant: (a) at the Dac apartment shop in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) “The insured, who was an insurance solicitor, is entitled to receive at least 13 allowances, while maintaining an insurance contract to be paid at least 13 times; and (c) upon the termination of a contract, at least three cases of the insurance contract, a disciplinary action shall be taken or a withdrawal shall be taken. The insured F was subscribed to an variable pension plan of KRW 7 years, 650,000,000,000,000,000,000,000 won, if the payment of the insurance was not made, the Defendant lent money to pay for the principal and the payment of KRW 2,560,000,000,000,000,000,000 paid for the principal and the payment of allowances to be made in advance until February 20, 2014”

However, even if the defendant borrowed money from the victim, he did not have the ability to repay it.

The Defendant received KRW 23,895,000 from the victim, namely, from the victim’s seat to March 6, 2014, the Defendant received KRW 232,26,000 in total over 15 times from the above date and time to around March 6, 2014, as shown in the list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. G certification.

4. Application of the statutes on copies of promissory notes.

1. The reason for sentencing of Article 347(1) of the relevant statutory provisions for criminal facts [the scope of recommending punishment] The basic area (one to a year) of types 2 (not less than KRW 100 million, and less than KRW 500 million) and the basic area (one to four years) of the Criminal Code for general fraud [the decision of sentencing] [the amount of damage is the maximum amount, but the principal has not been repaid. However, the reason leading to the instant case, the circumstance leading up to the instant case, the fact that considerable interest is deemed to have been paid, the elderly, and the fact that it seems that the amount of interest was paid, etc.