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(영문) 서울중앙지방법원 2017.09.07 2017고단5101

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant, from September 2009 to September 2012, who actually run gold-type design, manufacture, and sales chain B (State), borrowed money from (State)C, the Defendant sought to enter into a guarantee insurance contract with the victim Seoul Guarantee Insurance and the insured (State)C for the purpose of security, and with the amount equivalent to the borrowed money as the guaranteed amount. However, the Defendant intended to enter into a guarantee insurance contract with the Seoul Guarantee Insurance, however, for the simple monetary consumption lending and lending in Seoul Guarantee Insurance, the Defendant did not enter into the guarantee insurance contract by submitting a false goods supply contract, which was intended to give rise to the conclusion of the guarantee insurance contract.

On June 4, 2012, the Defendant: (a) borrowed money from Section B (State) office located in Seo-gu Incheon, Seo-gu, Incheon; (b) made a false contract for the supply of goods with the effect that “(State) C shall purchase goods from the third seller and supply them to Section B (State)”; and (c) B shall pay the price to Section B (State).” On June 4, 2012, the Defendant submitted the said contract for the supply of goods to the person in charge of subscription for the guaranteed insurance at the main office of the Jongno-gu Seoul, Jongno-gu Seoul, Seoul, to the extent that the said contract for the supply of goods is a normal contract for the supply of goods; and (b) made the performance guarantee insurance contract with the Seoul Seoul Guarantee Insurance Co., Ltd. to the insured (State) under the above contract for the supply of goods to Section B (State). The Defendant issued the guaranteed insurance policy to Section (C).

Since then, the Defendant borrowed KRW 50,00,000 from C on June 8, 2012, and failed to repay it (State). On January 31, 2013, the Seoul Guarantee Insurance Co., Ltd claims KRW 49,319,343 on the basis of the above guaranty insurance contract to the victim Seoul Guarantee Insurance Co., Ltd., and claims KRW 49,319,343 on the basis of the above guaranty insurance contract, which is believed to be true, KRW 49,319,343 on March 15, 2013 from the Seoul Guarantee Insurance Co., Ltd.