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(영문) 인천지방법원 부천지원 2012.12.06 2012고단812

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. The Defendant, working as an insurance solicitor at the main office in the Kucheon-si, Kucheon-gu, Kucheon-si, Seoul, and was in charge of the solicitation of insurance, etc.

On March 1, 2007, the Defendant changed the insurance premium to pay the insurance premium to the victim E in the name of the victim at an address of not more than 1,000,000.

However, the fact is that the financial liabilities and liabilities have been over KRW 200 million due to the failure of the business of the husband of the defendant at the time, and the interest, living expenses and the husband's business funds have to be borne continuously, and there was no intention to pay it as the premium even if the victim received the premium from the victim.

Ultimately, the Defendant deceivings the victim as above and acquired 500,000 won from the victim to the account of the Defendant on the same day.

In addition, from that time until March 12, 2010, the Defendant acquired 49,147,150 won in total over 40 times, as shown in the attached Table 1, by means of the foregoing method, from that time until March 12, 2010.

B. Around June 2, 2008, the Defendant prepared a false request for payment following the termination of the insurance contract in the name of the above E at the Meart Life Insurance Office, Inc., Ltd., the injured party in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, and submitted it to F who is the receiving employee, and made a false statement as if he/she performed his/her duties with the delegation of E in normal terms.

However, the fact did not have been normally delegated by E, and E did not know that the insurance contract in its name was terminated due to the unpaid insurance premium.

After all, the Defendant, as above, by deceiving F and allowing F to proceed with F with the process of paying the proposed payment upon the lapse of the insurance contract, thereby receiving KRW 11,342,679 from the victim’s ownership.

2. The Defendant is keeping the passbook and a copy of the identification card of the above E.