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(영문) 인천지방법원 2013.06.27 2013고단670

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant served from October 1, 2007 to December 31, 2008 as an insurance solicitor at the victim C Co., Ltd.

From March 16, 2000 to February 16, 2010, the Defendant came to know that D, which was known to ordinary people around September 2008, was entitled to receive a loan equivalent to 80% of the paid insurance premium as security of the above insurance contract, with D’s insurance premium paid from March 16, 200 to February 16, 2010 to KRW 286 million after entering into a life insurance contract. Around May 2009, the Defendant got D’s resident registration certificate, etc. upon receiving a request from D to cause disability to receive a disability rating in accordance with the Heli surgery, and had D carried D’s resident registration certificate, etc., with D driving.

1. Around June 29, 2009, the Defendant: (a) around 2009, at the office of the vice-branch office located in the 11th floor of the Kucheon-gu Seoul Special Metropolitan City E E building, the Defendant: (b) “A person in charge of the terms and conditions loans for the victim C Co., Ltd. who purchased life insurance and paid insurance premiums to the victim C Co., Ltd. for up to KRW 286 million; and (c) he/she can obtain a loan of the terms and conditions up to KRW 80 million; and (d) he/she may obtain a loan of KRW 60 million on the fixed date if he/she grants a loan.”

However, in fact, the Defendant did not have any particular property at the time, and there was no permission from D on the terms and conditions loan, and there was no intention or ability to repay the loan even if the Defendant was given a loan from the victim, so he did not have any intention or ability to do so.

As such, the Defendant, by deceiving F by deceiving F in charge of the victim company, received KRW 60 million from F as a loan on the same day from F to the passbook in the name of the bank passbook in the name of D, and acquired the total amount of KRW 160 million through five times from around that time to January 11, 2010, in the same manner as the attached crime list (1) in attached Form 1.

2. The Defendant who forged a private document shall be deemed to have been kept there at the time and place mentioned in the above paragraph 1.