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(영문) 대전지방법원 2021.01.22 2020고단3238
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 13, 2018, the Defendant, at the insurance agency located in Seo-gu Daejeon, Seo-gu, Daejeon around July 13, 2018, intends to pay the victim D money in installments from the monthly salary, with the intention to resolve the arrears of the card.

“The purpose of “ was to make a false statement.”

However, even if the Defendant borrowed money from the damaged party, the Defendant did not have the intent or ability to repay the borrowed money with the insurance designer.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 1,500,000 to the national bank account under the name of the Defendant around July 13, 2018; and (c) transferred KRW 8,800,000 to the same account around July 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement of each part of the protocol concerning the examination of suspect by the police against the defendant (including the part concerning questioning of the victim);

1. Statement made by the police against D;

1. The defendant's assertion and judgment on the content of Kakao Stockholm conversation, a statement of payment of fees, the result of confirmation of the defendant's credit information, the investigation situation (to listen to reference E

1. The Defendant alleged that he provided that he would pay the insurance design premium to the head of the insurance branch office E, which is run by the victim who is not the victim. He provided the above talk to the victim, and the Defendant did not provide the victim with the statement that he would pay the premium in installments. The above talks that the victim would first pay the Defendant in monthly salary.

“......”

In addition, the defendant paid 1,50,000 won to the victim on the monthly salary that he received in the two months, but around December 2018, he was unable to engage in the insurance business after he was judged dementia, and he was not well aware of the business and did not intend to commit the crime of defraudation.

2. The following circumstances, which are acknowledged by the evidence mentioned earlier, are the same.

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