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(영문) 부산지방법원 2017.06.15 2017고단1270

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On February 5, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for occupational embezzlement, etc. at the Busan District Court on February 13, 2015, and the above judgment became final and conclusive on February 13, 2015.

[2] The defendant, from May 199 to May 2008, operated the insurance business with the trade name of "D" in Busan's B, and from March 2008, he operated the card terminal sales business with the trade name of "F" between victim E and the victim E, and from September 2008, the defendant operated the card terminal sales business with the trade name of "G" between the victim and the above victim.

On the other hand, from April 2008, the Defendant began to use the insurance policyholders’ insurance premiums for personal purposes without paying the insurance premiums, such as paying the insurance premiums to the insured H and I, even after having received the insurance premium paid to the non-life insurance company, by lot, and using it to pay their personal debts without delivering it to the non-life insurance company.

On October 16, 2008, the Defendant borrowed KRW 5 million to pay the insurance premium to the victim on or around October 16, 2008.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had no other property at the time, and had already been liable for a debt of approximately KRW 400 million to the financial rights and the surrounding people, even if he/she borrowed money from the injured party even if he/she borrowed money from the injured party because financial difficulties have been committed due to the failure to properly operate the said insurance business office and the business in which the injured party and the injured party are engaged, and thus, the Defendant has no intention or ability to pay the money.

On October 16, 2008, the Defendant received from the injured party a total of KRW 93 million from around 10,000,000,000 from the time to November 30, 2012, as shown in the list of crimes in the annexed crimes, from around 10, 200 to the Busan Bank account (J) in the name of the Defendant.

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

Summary of Evidence

1. The defendant's person;