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(영문) 서울중앙지방법원 2018.12.19 2018고정2427

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 30, 2018, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on July 21, 2018.

The defendant is an insurance sales company in Gangnam-gu Seoul Building C, and the actual operator of the insurance sales company.

On October 2015, the defendant, at the D office for the settlement of disputes, made a false statement to the victim E that the high-amount insurance premium would be used for the company's operating fund if he/she subscribed to the F insurance company's life insurance. All insurance premiums would be paid by the company."

However, the defendant did not have the intention or ability to pay the premium normally even if he received the premium as an insurance solicitor and received the premium as an insurance solicitor.

On December 1, 2015, the Defendant was granted KRW 2 million to the account in the name of the Defendant, and KRW 5 million to the account in the name of the employee G of the Defendant on December 2, 2015, among the allowances for life insurance that the victimized person received from the insurance company by deceiving the victim as such, and that the injured person received from the insurance company.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of a record of video recording and investigation of the victim A or the complainant E;

1. Statement made by the police for E;

1. Documents of transfer of the previous case;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, reporting of a previous conviction of the disposition, reporting of the result of confirmation of the previous conviction of the disposition, reporting of investigation (verification of the date of confirmation of the judgment), summary information of the case, to the law

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;