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(영문) 대전지방법원 2016.01.08 2015고단237

사기

Text

In 8 months of imprisonment with prison labor for the crimes of paragraphs 1 and 2-A to 3-C of the judgment of the defendant, the crime of paragraphs 2-D to 2-C of the judgment is committed.

Reasons

Punishment of the crime

[Criminal record] On October 12, 2012, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. at the Daejeon District Court, which became final and conclusive on October 20, 2012.

[Criminal facts]

1. The Defendant, against the victim C, worked for three life insurance companies from around 2005 to December 201, and worked as an insurance solicitor from January 201 to around 201.

The victim C was working in the above company as a manager and was employed by the defendant, and the defendant became an insurance solicitor around January 201, and became the defendant.

A. On December 2010, the Defendant, at the early 2010’s office, should help the Defendant open the company’s office to the victim’s “Woo-Nam to open the company.”

In addition, it made a false statement to the effect that it is possible to obtain a low-interest business operator loan, and thus, it differs only from two to three months.

However, even if the defendant borrowed money from the injured party, he did not think that he would use it to pay his existing debt, but did not think that he would use it for open opening, and there was no intention or ability to change it within two to three months since there was a lot of debt at the time.

Nevertheless, on December 6, 2010, the Defendant, by deceiving the victim, received a remittance of KRW 40 million from the victim as the borrowed money.

B. On April 1, 2011, the Defendant agreed to pay and receive the premium to the victim on the ground that the customer was unable to pay the premium of this month due to the lack of circumstances.

The customer shall borrow the full payment with the customer's answer. The customer shall pay the full payment even if he/she does not pay the full payment.

When the invalidation is invalidated, whether it does not cause damage to the width;

“A false statement was made to the effect that it was “.”

However, the defendant entered into an insurance contract under the name of a person who does not intend to maintain the insurance contract at the time and pays the insurance premium with allowances received from the company.