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(영문) 서울중앙지방법원 2017.11.23 2017고단5097

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for ten months at the Seoul Central District Court for fraud, and the said judgment was finalized on December 8, 2015. On November 13, 2015, the Defendant was sentenced to imprisonment with prison labor for six months for fraud and imprisonment with prison labor for two years for suspended execution on November 21, 2015, and the said judgment became final and conclusive on November 21, 2015.

From November 200 to May 201, 2014, the Defendant (a person running a manufacturing business of both horses, armors, and other miscellaneous goods) DD. In borrowing money from the first L&C, the Defendant first intended to enter into a guarantee insurance contract with the victim Seoul surety and the insured for the purpose of security, and with the amount of the loan as the guaranteed amount. However, the Defendant was willing to enter into a guarantee insurance contract for simple monetary consumption lending and borrowing from Seoul surety by submitting a false goods supply contract with the intention not to enter into the guarantee insurance contract.

On February 18, 2013, the Defendant: (a) borrowed money from the first L&C office in Gangnam-gu Seoul office (ju) on February 18, 2013; (b) the first L&C, even though it was simply a simple consumption loan, shall purchase the goods from the third-party seller; (c) the first L&C shall supply the goods to the (ju) seller; (d) the first payment of the price to the (ju) buyer; and (e) on the same day, the Defendant prepared a false contract for the supply of the goods, stating that the said contract for the supply of the goods is a normal commercial transaction supply contract; and (e) submitted to the person in charge of the purchase of the goods at the top-tier office of the Seoul Victim's Guarantee Insurance Co., Ltd. located in Jongno-gu, Seoul; and (e) made the payment guarantee contract for the goods to be supplied from the victim's insurance contractor (ju) on February 28, 2013; and (e) made the payment guarantee insurance contract for the goods sold to the Seoul.