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(영문) 수원지방법원 안양지원 2018.01.19 2017고정490

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant loaned KRW 2,00,00 to E, a director of the said victim’s company, “D Co., Ltd., Ltd., a director of the said company, as an insurance designer, for the purpose of smooth settlement of the business.” In addition, the Defendant concluded that he/she had paid KRW 1,380,150, the refund amount incurred while working in the F, and paid KRW 1,380,150, in lieu of the refund amount of KRW 1,380,150, the Defendant would faithfully work as an insurance designer for five years.”

However, in fact, when the defendant moves to an insurance agency in the state of F's registration as the insurance designer, he heard the horses of a person who grants a living fund regardless of his performance and performance, registered as the insurance designer of the victim company as the insurance designer of the victim company, and began to receive monetary support. The victim company did not have the intent or ability to work normally as the insurance designer of the victim company as promised to the above E.

Defendant deceiving the victim as above and transferred KRW 2,00,000 to H bank account (Account Number I) in the name of the Defendant on the same day from the victim, and caused the victim to transfer KRW 1,380,150 to H bank account (Account Number J) in the name of F company.

Accordingly, the defendant, by deceiving the victim, obtained property benefits and acquired property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of each letter, certificate of confirmation of transfer, statement of insurance contracts, and Acts and subordinate statutes governing the contract;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;