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(영문) 대구지방법원 2017.11.16 2017고정1031

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 30, 2015, the Defendant introduced at C cafeteria located in Daegu Jung-gu, Daegu-gu, as the branch office of a mutual loan institution, “E” that provides a private person D with a loan on condition of purchasing an insurance policy to the victim D himself/herself. The Defendant stated that “I would pay the loan fee and guarantee fee to be borne by the customer who will keep his/her insurance mandatory for 24 months.”

However, in fact, the defendant did not have any intention or ability to purchase a customer who will maintain compulsory insurance for 24 months.

Ultimately, the Defendant, as seen above, received the victim’s false statement from the victim, and obtained the total of KRW 10,465,320 from the victim to February 17, 2016, a total of seven times in terms of the fee and guarantee fee, as shown in the list of crimes in the attached Table, from September 21, 2015 to February 17, 2016.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to inquire into details of transactions, text messages, and internal reports (with respect to the verification of amounts damaged);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;