beta
(영문) 의정부지방법원 2014.08.25 2014고단1810

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant was requested to enter into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. on the condition of four joint and several sureties in order to guarantee the payment of credit goods, while operating a D agency located in the Gyeonggi-do Government City from March 2010.

Accordingly, on November 201, 201, the Defendant made a false statement to the effect that it is a guarantee insurance contract necessary to operate a D agency, and that it does not cause damage to the victims due to the occurrence of debt incurred in the performance of the debt.

However, at the time, the Defendant did not have any particular property; while taking over D agency, the Defendant was liable for a total of approximately KRW 210,000,000,000 and KRW 160,000,000,000 and KRW 50,000,000,000, and the agency’s sales have deteriorated since the agency’s sales have continuously decreased, and thus, there was no intention or ability to pay the agency’s sales price to avoid the liability for the joint and several surety of the victim.

Nevertheless, the Defendant had the victim enter into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. on December 16, 201 to December 15, 2013 with the insurance coverage amounting to KRW 80,000,000 for the same day, and the content of the guarantee is the guarantee insurance payment for the goods on credit.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits that can enter into a guarantee insurance contract equivalent to KRW 80 million with the Seoul Guarantee Insurance Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Guidance on occurrence of insurance accidents and verification of facts;