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(영문) 서울중앙지방법원 2016.06.08 2015고단4748
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 2012, the Defendant agreed to pay 600% allowance when soliciting insurance subscribers under the name of business entity D, a corporation located in Yeongdeungpo-gu Seoul Metropolitan Government, with E, to pay insurance subscribers. However, on May 2012, the Defendant attempted to conceal the fact, and to receive money as insurance premiums from the victim H by concealing the fact while driving a separate business as the termination party who confirmed that the subscription to insurance was confirmed by the first insurance company to the list of persons without intent to subscribe to insurance.

On May 2012, 2012, the Defendant paid to the Victim H “F, in lieu of the monthly insurance premium for May, 2012, to the State F, Inc.

600% of 600% of the allowances were paid in six months, so it was false to lend money under the name of insurance premium.

However, even if the Defendant received money from the injured party, he was thought to use it as the establishment fund of G Co., Ltd., which was promoted at that time, and as such, the insurance company was investigating the intent to subscribe to the insurance contract, so even if he received money from the injured party as the insurance premium, he did not have any intention or ability to pay the premium.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 35,360,272 on May 29, 2012, KRW 7,384,00 on June 15, 2012, and KRW 7,900,00 on June 21, 2012, including the transfer of KRW 35,360,272 on the part of the national bank account in the name of each Defendant to the national bank account (i) in the name of each Defendant, and acquired KRW 35,360,272 on the grounds of the payment of insurance money (which seems to be a clerical error in the insurance premium).

Summary of Evidence

1. The statement of H made by a witness recorded in the recording file of the system of statutory recording among the second public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Application of Acts and subordinate statutes on trading;

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

1. Article 62 of the Criminal Act:

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