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(영문) 서울북부지방법원 2018.10.18 2017고단2634

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2017 Highest 2634] The Defendant worked as an employee of “B” lending brokerage company around March 2017, and provided loan counseling and brokerage to the victim C, and the victim was loaned KRW 50 million from the OSB Savings Bank.

On March 20, 2017, the Defendant made a false statement to the victim who contacted the victim to repay part of the borrowed money “if repayment is made to the savings bank immediately, it would be impossible to grant additional loans, and if deposit money is made through B to deposit money into the savings bank, it would be deemed that the amount of KRW 10 million would have been repaid to the savings bank, and the interest already deposited would not be refunded, and the additional loan limit will not be lowered.”

However, in fact, there was no way to repay cash to virtual account from the beginning, and there was an attempt to use money from the injured party for personal purposes such as living expenses.

On March 20, 2017, the Defendant, by deceiving the victim, received KRW 10 million from the damaged party’s account in the name of the Defendant at around 17:11.

Accordingly, the defendant acquired the victim's property by fraud.

[2017 Highest 3084] The Defendant served as an insurance designer for KRB life from January 2010, and from July 2014, the Defendant served as an insurance designer for AIA life.

1. On February 25, 2015, the criminal defendant against the victim D calls to the victim D who works for the KRB life and became aware of by the customer, and makes a false statement to the effect that “In this time, the defendant has retired from employment to the AIA life, and if an investment is made in the AIA insurance product, 10% of the principal may be paid every three months.”

However, the fact is that the AI insurance investment product that pays 10% of the principal every three months has never been made from the beginning, and it is intended to use it for personal purposes such as repayment of debts and living expenses with money from the injured party.

On February 27, 2015, the Defendant deceivings the victim and deceivings the victim as such, under the pretext of investment in insurance products.