beta
(영문) 광주지방법원 2013.09.26 2013고단1272

사기등

Text

A defendant shall be punished by imprisonment for two years.

On July 2008, the fraud regarding the victim C in the early police officer is not guilty.

Reasons

Punishment of the crime

The Defendant served as an insurance solicitor from June 15, 2006 to November 19, 2008 from the Mart Life Insurance Co., Ltd., and served as an insurance solicitor from January 1, 2010 to August 1, 2010.

1. The victim C-related fraud;

A. On April 2010, the Defendant, in relation to the restoration of D’s name insurance, concluded that “The Defendant would return KRW 50 million and interest KRW 10 million to the victim’s bank account in the name of the Defendant (EF) in the name of the Defendant, who used the Defendant’s bank in the name of the victim (EF) who used the Defendant’s account in the name of the Victim’s Bank (EF) around April 28, 2010, when working for the Korea Life Insurance Co., Ltd.).” The Defendant borrowed KRW 150 million in the name of the victim, and returned KRW 50 million until June 2010. The remaining principal amount was returned to KRW 2-3,000 and KRW 10 million until the end of August 20, 2010.” The Defendant received KRW 76 million from the victim’s account in the name of the Defendant (EFF) around April 28, 2010; KRW 50 million in the name of the Defendant.

However, in fact, the defendant is operating insurance by lending insurance money under the name of the third party at the time when the defendant works in the Mart Life Insurance Co., Ltd.

With the detection of the business suspension and the failure to seek the insurance premium due to the suspension of business, all the insurance that was paid by the large-scale has been invalidated, and thereafter, the poor credit standing has been omitted due to tax delinquency.

Therefore, even if the defendant did not have any economic ability to recover the insurance invalidated and borrowed money from the victim, he did not have any intent or ability to repay the money to the victim.

Accordingly, the Defendant was paid KRW 150 million (57 million) by deceiving the victim.

B. On May 2010, the Defendant related to the restoration of insurance in G’s name may work for the victim C in the “Meart Life Insurance Co., Ltd., Ltd.” in the middle of 2010.