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(영문) 대구지방법원 포항지원 2013.12.26 2013고단287
사기
Text

Imprisonment with prison labor for the crimes of No. 1 in the judgment of the defendant, and for the crimes of No. 2 through No. 4 in the judgment of the court, one year and six months.

Reasons

Punishment of the crime

On January 26, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daegu District Court on February 3, 2010, and the said judgment became final and conclusive on February 3, 2010, and completed the execution of the sentence in the one-year prison for the North Korean defectors on November 25, 2010.

1. [2013 Highest 287] On February 2, 2009, the Defendant: (a) worn the modern Heavy Industries Uniform at the victim E, F, G corporation office operated by the Defendant, “Executive Director A;” and (b) presented to the victims the name “on the port heavy Industries Executive Director A,” and (c) personally ordered construction of steel structure at the site of Kim Sea with preparation for retirement. There is a need for a corporate name to receive delivery of steel structure required at the site; (b) the Defendant issued a 20 million won fake insurance policy from the Seoul Guarantee Insurance Co., Ltd.; (c) the Defendant would pay KRW 20,000 as a honorarium; and (d) the Defendant would pay upon completion of construction for three months after the retirement.

However, in fact, the Defendant was not an executive director of the Hyundai Heavy Industries and did not order the construction of steel structure at the Kim Sea Kim, and at the time, the Defendant was in the status of 7,80 million won due to the nonperformance of H company that was the representative director, and there was no intention or ability to repay the insurance policy in the name of G Co., Ltd. for three months even if it was issued.

On February 16, 2009, the Defendant: (a) by deceiving the victims; (b) required the victims FF to sign and seal an application for performance guarantee insurance; and (c) obtained an insurance policy of KRW 200 million in the face value of G Co., Ltd. from the Seoul Guarantee Insurance Policy on March 2, 2009; and (d) acquired pecuniary benefits equivalent to the said amount.

2. [Attachment 2013 Highest 391]

1. On April 9, 201, the Defendant called the Victim K, who was under a plan to accept a corporation that could receive a guarantee insurance for the credit purchase of goods from the Seoul Guarantee Insurance at around that time, at the “J” office operated by the Defendant located in Nam-gu, Nam-gu, Seoul.

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