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(영문) 부산지방법원서부지원 2020.09.18 2020고정334
사기
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant is a person who has subscribed to two units in the “C” insurance product containing special terms and conditions of expenses for the number of persons held by the victim B corporation, and that this insurance is an insurance policy with the content that the Defendant compensates for the expenses for the number of persons held by the insured (the cost of purchasing souvenirs for the purpose of evidence, the cost of purchasing congratulatory souvenirs, and the cost of axiss) actually paid within the compensation limit.

On November 6, 2016, the Defendant had neglected the number of “D” golf course 7 holes located in the Busan metropolitan area, and had the victim receive insurance money by submitting a false receipt stating as if the expenses not actually paid were paid to the victim company.

On the same day, the Defendant paid KRW 5,95,00,000 by credit card, including the payment of KRW 4,100,000 from F in Busan, Busan, the Defendant received a false receipt of KRW 2,50,000,000 and KRW 2,000,000,000,000 from “G” located in Busan, and around November 10, 2016, the Defendant received a false receipt without actual purchase details by cancelling the payment of the card for the purchase of souvenirs. At around that time, the Defendant submitted the above false receipt when filing an application for the insurance money for an negligent number of persons with the victim company.

Around December 19, 2016, the Defendant, by deceiving the victim as above, received KRW 5 million in total from the H account (I) in the name of the Defendant for the purpose of insurance money from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The following facts and circumstances acknowledged by the evidence duly examined by this court, namely, ① the Defendant, on November 6, 2016, paid KRW 335,00, KRW 410,000, KRW 410,000, and KRW 750,000 from G on November 10, 2016; ② Even if the Defendant revoked immediately after the revocation of the additional payment from G on November 10, 2016, KRW 4,50,000, the Defendant paid KRW 3,960,000 from JJ on November 21, 2016.

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