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(영문) 서울중앙지방법원 2015.10.08 2015고합388

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, from September 2006 to September 2014, worked as an insurance solicitor from the “State” to the “State”, and served as the chief team leader from September 2014.

1. Around December 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) heard the horses that “I would like to consider where you would sell a building and make any investment in the case of the said building,” and that J said that “I would have sold ES goods in the KB investment securities. There is no monthly interest-exempt goods, and the principal would be unlikely to be lost.” The J sent this fact to the victim D.

However, even if the defendant received money from the victim, he did not think that he would have used to purchase the ES product for the victim, and was able to compensate the investor for the loss or pay the money borrowed from the son or bond company in order to resolve the loss by making an investment in another place by the defendant's solicitation.

As above, the Defendant, by deceiving the victim, received KRW 1 billion from the victim to the bank account (K) in the name of the Defendant on January 4, 2013. From that time, the Defendant acquired the total amount of KRW 2.5 billion from June 20, 2014, including the transfer of KRW 2.5 billion from that time to June 20, 2014.

2. On October 2014, the Defendant forged private document: (a) at the (main) H office in Gangnam-gu, Seoul; and (b) at the (main) office in Gangnam-gu, Seoul; (c) for the purpose of exercising to make the appearance that seems to have been a member of the Els in the name of the said D; and (d) without the consent of the M, an employee of the KBS ETRS, who is an employee of the KBS; (d) the entry account name D; (e) the 1,500,000,000, the evidentiary amount; and (e) the 1,500,000,000,000,000,000, and the date of the subscription.