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(영문) 대전지방법원 2015.06.05 2015고단985
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was an insurance solicitor of the Mart insurance company.

In fact, even if the defendant received money from the victim C in February 2012, although he did not have the intent or ability to restore the insurance invalidated to C, the defendant consulted the victim on February 27, 2012 whether there was a way to restore the invalidated installment savings type insurance by failing to pay the insurance premium from the victim for two months at the defendant's residence located D at the time of the debate, and the victim stated that "I will return the insurance premium to the person who had the effect of being terminated by normal restoration of the insurance premium," and that this year is immediately 2,498,760 won from the victim for the purpose of insurance premium.

3.16.1,497,500 won, and the same year.

8.3.3,478,740 won, and the same year;

95,00 won on July 17, 1995,00 won on October 17, 17 of the same year, on February 497,500 won on February 6, 2013, and on the same year;

2. 18.94,00 won, and the same year.

8. 27.6,500,000 won, and the same year.

9. The remittance of KRW 497,00, and KRW 1,227,850 on February 17, 2014 was received.

Accordingly, the defendant received a total of 18,683,350 won from the above victim over 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. 집행유예 형법 제62조 제1항 양형의 이유 [권고형의 범위] 일반사기 > 제1유형(1억 원 미만) > 감경영역(1월~1년) [특별감경인자] 처벌불원 [선고형의 결정] 피고인이 직업윤리를 저버리고 고객의 돈을 가로챈 것은 그 죄질이 매우 불량하다.

However, the punishment shall be determined as ordered in consideration of the fact that all mistakes are recognized and reflected, the intention of not to punish is expressed as an agreement with the victim, and the prior to this case, there are no criminal records of the suspension of execution or any criminal records of the same kind.

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