사기등
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
Punishment of the crime
【2013 Highest322】
1. The Defendants’ co-principal
A. The Defendants, on August 17, 2009, engaged in insurance solicitation business through H Co., Ltd. from March 2009, and engaged in insurance solicitation business from June 2009.
On August 17, 2009, the Defendants stated that “A victim K (n, 57 years of age) shall receive insurance benefits from Dong fire, and a company shall demand the payment of security. A company shall provide security. A company shall pay a KRW 4 million interest of KRW 4 million in the month when the high seas land is offered as security, and shall terminate the collateral security within one year.”
However, in order to prevent the cancellation of the insurance by the insured, the Defendants maintained the insurance performance by paying the insurance premiums of the insured, and operated the above company without any particular property only with the insurance premium received from the insurance company, and appropriated the company operation expenses, etc., and there was no ability to pay interest as agreed, or terminate the right to collateral security after paying it, even if the victim’s land was provided as security.
As above, the Defendants conspired with the victim to make a false statement, and caused the victim to obtain pecuniary benefits equivalent to the same amount by setting up the right to collateral security, which is the debtor H Co., Ltd., the mortgagee, the mortgagee H Co., Ltd., the mortgagee of the right to collateral security and the maximum debt amount, the obligor I Co., Ltd., the obligor I, the mortgagee of the right to collateral security and the right to collateral security, respectively, with respect to the land owned by the victim of the Gyeonggi-gu Fire Insurance.
B. On November 9, 2009, the Defendants of the establishment of the right to collateral security on November 9, 2009, are lacking in the funds for the operation of the company to the victim K at the HJ human management office of the lending company located in the Haak-dong, Gangnam-gu, Seoul on November 9, 2009.
The company's operating fund shall be the company's operating fund to lend money from the lending company with the apartment house owned by the party as security.