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(영문) 서울중앙지방법원 2015.09.21 2015고정2837

사기

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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on the 16th of the same month.

On February 3, 2010, the Defendant, at the (ju) office located in Gangnam-gu Seoul, in Gangnam-gu Seoul, called 'D' company that carries out insurance, and if you put up one insurance policy into a real insurance policy, the insurance premium would be paid and the law would not be a problem. If we invest KRW 30 million in our company, it would be able to receive profits for each kind of company.

However, in fact, the defendant received investments from investors, including victims, and used them to conclude insurance contracts with many third parties with insurance companies and to pay insurance premiums, and most of them should be paid as the defendant's office operating expenses, insurance premium, etc. even if they are paid by insurance companies, so it is insufficient to pay the remainder with the principal and the profits of the whole investors.

Furthermore, the defendant's method of paying insurance premiums was the reason that the insurance contract will be terminated if the insurance company is dismissed, and the defendant should be paid insurance premiums for at least two years from the insurance company. However, whether the existence of each insurance contract depends on the approval of the insurance company, the intention of the insured, etc., and it was not confirmed at all.

Therefore, even if the Defendant received investment money from the victim, the Defendant did not have the intent or ability to pay the profit from time to time.

Nevertheless, on February 3, 2010, the Defendant: (a) by deceiving the victim as such; and (b) transferred KRW 21 million to the bank account in the name of the Defendant to the bank account in the name of the Defendant on February 3, 2010; and (c)

2.8.Around August, 2000 won was remitted or received, and received in total, KRW 30 million.

Summary of Evidence

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