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(영문) 부산지방법원 2016.11.17 2016고단3204

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2010, the Defendant recommended the victim C to subscribe to the “non-dividend VIP variable Social Life Insurance” which is 22.10,00 won, and the payment period of which is 20 years, and the victim subscribed to the said insurance on the same day, and the Defendant agreed to pay it to the insurance company if the Defendant provided monthly payment of KRW 2210,000 to the Defendant.

On or after May 2013, the Defendant embezzled 40,000 won for personal use by voluntarily consuming 20,000 won, excluding the monthly payment for the said insurance from June 2013 to April 2015, while receiving KRW 22,10,00 of the monthly payment for the said insurance from the victim’s Embry overseas in Busan-gu, Busan-gu around June 2013. The Defendant embezzled 23 times from June 2013 to April 2015, excluding the monthly payment for the said insurance from the victim’s 23th and September 2013 to the victim’s 23th and March 2015. < Amended by Act No. 11873, Jun. 23, 2013; Act No. 11688, Mar. 20, 2015>

2. Around April 2012, the Defendant, at the above hospital, received a false statement from the victim to the effect that “A large amount of an insurance contract he/she borrowed 20 million won or more, he/she would repay the amount after one to two months, if he/she borrowed 20 million won or more. He/she may receive a full payment due to high grade because he/she received a large amount of allowances,” and then, he/she acquired the money from the victim on April 16, 2012, and then acquired the money from the victim on April 17, 2012.

3. Around December 2014, the Defendant, at the foregoing hospital, embezzled the loan repayment amount of KRW 9 million upon the victim’s request from the victim to repay part of KRW 72.1 million, and embezzled the loan repayment amount for personal use. Around that time, the Defendant used the loan repayment amount for personal use.

4. The Defendant is to forge a private document and to display a private document.