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집행유예
(영문) 서울남부지방법원 2013.5.8.선고 2013고단881 판결

사기

Cases

2013 Highest81 Fraud

Defendant

Kim 00 (83 - 1), and non-permanent

Seoul Residence

Former North Korea of reference domicile

Prosecutor

Public Trial) Annivers (prosecutions) and annivers (Public Trial)

Defense Counsel

Attorney Yoon Chang-young (Law No. 500, Jun. 1, 200)

Imposition of Judgment

May 8, 2013

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant shall be ordered to provide community service for 160 hours.

Reasons

Criminal facts

1. Fraud against the injured party 00;

On November 208, the Defendant, while working in life insurance company, recommended the purchase of insurance to 12th floor life insurance company located in the Gangnam-gu Seoul Metropolitan Government (KTF) 12th floor * at a branch office * to 00 victims of friendship, on November 15, 2008, and had the victim buy insurance premiums [CI Class 60 years of age, insurance premiums 9,500 won] on November 20, 2008, Non-dividend Benefit Benefit Insurance (insurance premium 500,000 won], on November 20, 2008, 50 non-dividend Benefit Insurance [50,000 won, 50,000 won, 50,000 won, 200,000 won, 300,000,000 won, 200,000 won, 200,000 won [30,000 won, 208,15, 2008]

In the meantime, the victim was unable to pay two-month insurance premiums from July 2010 to August 2010, and the insurance contract was invalidated. Accordingly, the defendant prepared money on September 2010 and paid insurance premiums on behalf of the defendant to maintain the insurance contract. However, the defendant was already under the condition that the insurance contract was already invalidated because the defendant did not pay the above insurance premium.

Nevertheless, the Defendant, on October 2010, concealed the fact that the insurance contract was invalidated as above, and took place normally as if the payment of the above insurance premium was made in a normal way, and then received 1.6 million won from the victim to the bank account in the name of the Defendant on October 29, 2010 as well as received from the victim to the bank account in the name of the Defendant. From then on November 7, 2011, the Defendant received 18,609,00 won in total from the victim on 13 occasions, such as the list of crimes in attached Form (1).

2. Fraud against 00 victims;

On April 201, the Defendant: (a) became aware of the victim 100 years of age, and (b) became aware of the victim 30 years of age, and (c) got approaching the victim, and (d) falsely speaks as if he/she is unmarried and working in the Gangnam Meet branch business headquarters in the Republic of Korea, and (b) demanded to request expenses necessary for marriage, etc. by marriage by deceiving 60,000,000 won through an Internet site where parents, family members, etc. act on behalf of his/her family members, etc. in order to pretend that he/she actually participated in marriage.

However, at the time, the defendant was married with around April 27, 2008 and was raising one child, and there was no actual fact that he had worked in the above bank.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received 4.5 million won from the victim to the bank account in the name of the Defendant on August 2, 2012 for the purpose of the marriage preparation fund, etc., and received 4.5 million won from that time to September 26, 2012, and received 64.5 million won in total from the victim through 6 times as shown in the attached crime list (2) from September 26, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made by the police at each police station against Jin 00 and Yellow 00;

1. A report on investigation (a relative investigation of the suspect as the principal offender);

Application of Statutes

1. Article applicable to criminal facts;

Article 347 (1) of the Criminal Code, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

Among the crimes of this case in the reason of sentencing, the crime against the victim yellow0 should be punished strictly due to the poor nature of the crime by raising the marriage awareness and mental damage to the victim, such as raising the marriage awareness while the defendant is unmarried while maintaining the state of marriage.

However, it is necessary to suspend the execution of imprisonment with prison labor in consideration of the fact that the victim is not subject to punishment for the defendant under the agreement with the defendant during the trial process, and that the defendant has no record of punishment for the same kind of crime, but to provide community service in a way that it is necessary to have time to reflect on the defendant's authenticity, and to impose a sentence as ordered by the court.

Judges

Judges Park fixed-term

Site of separate sheet

A person shall be appointed.

A person shall be appointed.