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(영문) 대구지방법원 서부지원 2016.10.21 2016고단630

사기

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

A retires from April 2015 to September 2015, when entering the East Life Insurance Co., Ltd., and Defendant B retired from the Republic of Korea from January 2013 to December 2014.

1. On September 30, 2015, the Defendants’ fraud against the victim D knew of the victim D’s personal information at the time Defendant B worked for ING life insurance. Defendant A, using contact contact details known by Defendant B, conspireded to use money for the purpose of using the victim’s livelihood expenses, etc., by receiving money from the victim under the pretext that the victim was sent to KIN life insurance and transferred the pension subscribed to KING life insurance to the fund.

At around 18:00 on October 1, 2015, the Defendants: (a) boarded the K5 car driven by Defendant B through the “F” coffee shop located in Gyeonggi-si, Gwangju-si; (b) waited within the said passenger car; and (c) Defendant A entered the said coffee shop and transferred the body of the previous insurance planner BFC to the victim (i.e., “ING life insurance planner GFC,” and the previous insurance planner BFC was transferred to the Fund. When changing the existing pension into the Fund, the Defendants may receive dividends, and there is a lot of profit rates; (c) receiving a loan with the pension as collateral and changing the money received from the loan into the Fund. In the event of transferring the money received, the Defendants made a false statement that the company can change the pension from the company to the Fund.”

However, the Defendants were not employees of ING life insurance, and even if they received the money as a collateral from the victims, they did not have any intent or ability to convert the money into the fund.

On October 1, 2015, the Defendants received 3,000,000 won from a corporate bank account (Account Number I) in the name of H on October 1, 2015, transferred 1,790,000 won to the same account on October 2, 2015, and transferred 1,790,000 won to the same account on October 3, 2015.