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(영문) 서울동부지방법원 2020.01.30 2019고단1397

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

"2019 Highest 1397"

1. On April 2016, the Defendant made a false statement to the victim E through the Defendant’s type D at the office of a credit card settlement office in Songpa-gu Seoul, Seoul, the fifth floor of the B building, stating that “A would lend money to the victim E in order to operate a credit card settlement agency business. I will use and pay only one month.”

However, in fact, it is uncertain whether the above company's credit card settlement service business was incurred in the course of preparing for the business, and even if domestic profits accrue, the defendant was unable to fully repay the above profits to other persons in the form of borrowing a large amount of money exceeding KRW 70 million in order to conduct business from other persons, so the defendant did not have any intent or ability to repay the above profits from the victim even if he borrowed money from other persons.

On April 12, 2016, the Defendant, by deceiving the victim, received a copy of the check of KRW 30 million from the above office around April 12, 2016.

2. Around January 23, 2018, the Defendant: (a) in the G Office of the Dispute Resolution Co., Ltd. in the F-2-story Seoul Metropolitan Government, “A credit card sales company, which the Defendant operates, provides a credit card settlement agency service. A credit card sales company uses a settlement agency service and pays to the Fund. A credit card settlement agency service is 3% of the credit card settlement amount; (b) a merchant is seeking to subscribe to a life insurance in the name of the franchisee using part of the commission without receiving all the fees from the franchise store. When a merchant subscribed to life insurance in the name of the franchise owner, an insurance company pays an amount equivalent to 700-80% of the monthly insurance premium as an insurance solicitation allowance after the month, and pays an amount equivalent to 1,700-1,900% of the monthly insurance premium as an insurance solicitation allowance for three years.

Since the insurance premium to be covered by life insurance in the name of the franchise owner is insufficient, 700-800% of the monthly insurance premium after one month.