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(영문) 대전지방법원 천안지원 2013.05.24 2013고단281

사기

Text

Imprisonment with prison labor for a crime of No. 1 in the judgment of the defendant, for a crime of No. 2 through No. 5 in the judgment of the defendant, for ten months.

Reasons

Punishment of the crime

[Criminal Justice] On April 22, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Daejeon District Court’s Branch of the Daejeon District Court on April 2, 201, and the judgment became final and conclusive on April 30, 201.

【Criminal Facts】

1. Around January 24, 2011, the Defendant: (a) around January 24, 2011, on the second floor of the building B in Seoan-gu, Seoan-gu; (b) at the office of Hanan Insurance Co., Ltd.’s office working as an insurance solicitor; and (c) at the office of Hanan Insurance Co., Ltd.’s office, the victim D may reduce the inheritance tax upon purchasing an insurance policy for life with respect to which he previously subscribed, and (d) at the time of payment, the Defendant may cancel the insurance policy for life with respect to which he had already subscribed, and (e) purchase the insurance policy for the unpaid dividends, and (e) purchase the insurance policy for the unpaid dividends, and (e) pay in advance the sum of the insurance premium for 43 months by paying the above refund, and (e) pay in advance the remainder of 170,000,000 won.”

However, even if the Defendant received money from the victim as above for the advance payment of the insurance premium, it was the intent to use it for his/her debt, living expenses, gambling expenses, etc., and in fact there was no intention to pay the total amount as the advance payment of the insurance product.

As such, the Defendant, by deceiving the victim, received 38,580,000 won from the victim to the new cooperation account (Account Number E) in the name of the accused on the same day, and acquired it by transfer from the victim for advance payment of insurance premiums.

2. On June 23, 2011, the Defendant: (a) around June 201, 201, at the mutual incommencing convenience store in line with the above branch; (b) around February 2011, the Defendant subscribed the victim to the goods for preferential customers with a higher interest rate; and (c) the damage following the cancellation of the existing goods would be covered by the proposal.

The low is a performance and is paid allowance, so it is also a loss.