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(영문) 서울중앙지방법원 2017.10.25 2017고단5102

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to a suspended sentence of five months for embezzlement at the Seoul Southern District Court (Seoul Southern District Court) and the said judgment became final and conclusive on January 1, 2015.

From June 201 to June 2014, the Defendant: (a) from around 2011 to around 2014, as a person operating clothing and miscellaneous retail chain (ju), borrowed money from the first L&C; (b) sought to enter into a guarantee insurance contract with the victim and the insured (ju) for the purpose of collateral; (c) but (d) sought to enter into a guarantee insurance contract with the amount equivalent to the borrowed money as the guaranteed amount; (c) however, in Seoul Guarantee Insurance, the Defendant did not enter into a guarantee insurance contract with the false goods supply contract in order to avoid entering into the guarantee insurance contract.

On December 3, 2012, the Defendant: (a) at the office of Gangseo-gu Seoul Metropolitan Government (State); (b) first L&C borrowed money from the office of Gangseo-gu (State); (c) concluded a false product supply contract with the effect that “(State) first L&C purchased goods from the third-sale enterprise and supplied the goods to (State)C; (d) C shall pay the price to the first L&C,” and (e) around that time, at the office of the branch office of the Seoul Jongno-gu Seoul Jongno-gu Kim Yong-style, submitted the said contract as if the said goods supply contract was a normal commercial goods supply contract to the person in charge of the purchase of the goods at that office; and (e) executed the insurance contract with the victim’s Seoul Guarantee Insurance Co., Ltd. (State) first, the insured Co., Ltd.’s insurance contractor’s insurance contract for the above goods supply contract, and (e) executed the payment guarantee insurance contract with the victim’s payment guarantee insurance contract (P&C’s sales proceeds from KRW 80,000.3).

After December 13, 2012, the Defendant borrowed KRW 79,351,60 from the first T&C on December 13, 2012 and did not repay it.