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(영문) 부산지방법원 2016.07.22 2016고정1729
사기
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 2013, the Defendant stated that the Defendant would pay allowances to the insurance designer at the C Office located in the first floor of the Busan B building in the Busan B building, and even if the insurance contract has been maintained for at least 12 months, the Defendant would pay allowances to the victim D immediately on the day the insurance contract was concluded to maintain the insurance contract for at least 12 months while performing internal work.

However, in fact, the defendant did not have the intent or ability to maintain insurance contracts for at least 12 months even if he/she recruited or recruited an insurance contractor, by receiving money from the injured party with only 20,000 won of personal debts at the time.

Nevertheless, the Defendant, as seen above, received 4.8 million won, including the sum of 3.3 million won from the victim, around July 2013, and 1.5 million won from August 2013, 2013, from the victim, and acquired the money by the Defendant, who is the Defendant’s account, in the name of insurance designer’s allowance, by transfer to the Defendant’s active account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of financial transactions and application of statutes on the list of policyholders;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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