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(영문) 인천지방법원 부천지원 2016.07.14 2016고단282

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who served as an insurance designer at the time of Samsung Life Insurance Co., Ltd.’s subsidiary financial branch.

A. On June 2015, the Defendant committed the crime against the victim C, at the victim’s house located in Namdong-gu Incheon Metropolitan City D, 504 703 Dong-gu, 2015, saying, “The Defendant first cancelled the existing insurance and subscribed to a new insurance. In advance payment of the new insurance amount for two years, the premium discount would be higher, and the bank would be much more fine than the one.”

However, even if the defendant received money from the injured party as the total amount of 52 million won such as loans and bonds of the lending company, he was thought to use it for personal purposes such as repayment of existing debts and living expenses, and there was no intention or ability to pay the insurance premium that he has purchased under the name of the injured party.

Around June 4, 2015, the Defendant, by deceiving the victim as above, was remitted to the national bank account in the name of the Defendant as an advance payment premium, KRW 14.6 million from the victim.

On August 10, 2015, the Defendant continued to return KRW 500,000 to the victim upon advance payment of insurance premium of KRW 10,000.

“.....”

However, the defendant did not have the intent or ability to pay the victim's insurance premium for the above reasons.

The defendant deceivings the victim as above, and was remitted to the national bank account in the name of the defendant on the same day from the victim to the account of the national bank account in the name of the defendant.

Accordingly, the Defendant acquired a total of KRW 24.6 million from the injured party.

B. On June 2015, the Defendant stated that “The Defendant committed the crime against the victim E, at the victim’s house located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City F, that “The Defendant would pay the insurance premium in advance to the victim because the two-year payment of the insurance premium would result in a large amount of premium discounts, and thus the bank is much fine than the one.”

However, the defendant is about KRW 52 million in total, such as loans and bonds of lending companies.