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(영문) 청주지방법원 2018.07.27 2018고단1054

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

1. On April 25, 2014, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Cheongju District Court, and was released on March 30, 2016 at the Cheongju Women’s Prison on parole on the execution of the sentence, and the parole period expired on July 8, 2016.

2. Criminal facts: (a) from around 2008, the Defendant was working as an insurance designer for Samsung Life Insurance Co., Ltd.; (b) purchased an insurance policy under the name of another person; and (c) the Defendant had increased the amount of the insurance policy payment to be paid by the Defendant by paying the insurance policy; (c) the Defendant borrowed money from another person to pay the insurance policy payment; and (d) the Defendant continued to “the so-called “the so-called “the so-called “the repayment prevention” in which the Defendant paid the insurance payment by borrowing money from another person; and (e) around June 2013, the Defendant did not have any intent or ability to pay the high interest rate agreed with the principal of the loan even if he borrowed the money additionally from another person.

Nevertheless, on June 1, 2013, the defendant needs to write the victim B "at an urgent day" to the victim B.

On June 1, 2013, the bank borrowed KRW 50 million and borrowed KRW 49,960,000 from the victim’s account in the name of the defendant under the name of the Agricultural Cooperative on June 1, 2013.

In addition, the Defendant, from around that time to November 14, 2013, by deceiving the victim over 21 times, as shown in the list of crimes in the attached Table, and by deceiving the victim on a total of KRW 187,260,000 as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of transactions with free savings;

1. A certificate of deposit;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, copies of written judgments and personal confinement status;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: