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(영문) 대구지방법원 2016.11.03 2016고단1324
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, as an insurance solicitor, tried to connect the insurance company with the siren company and receive interim fees when the insurance company is using a car that can be used by the insurance company during the period of repair of his/her car as an insurance solicitor.

1. Around November 21, 2013, the Defendant of the investment money fraud explained the Defendant’s business seeking reimbursement to the victim E at the head of the District Education Office of Samsung Fire Marine Insurance Co., Ltd. located in Daegu Jung-gu District Office of Education, stating that “The Defendant would make a false statement to the effect that “The Defendant would make a profit of KRW 1,5 million per month if the Defendant made an investment by purchasing a siren directly to the insurance company rather than receiving the commission to connect the insurance company and the siren company, and would receive the fee for the use.” If the Defendant would make a false statement to the effect that he would make an investment by selling a siren, then there would be no absolute loss. In general, the amount of KRW 15 million is the amount of KRW 15 million per month.”

However, even if the Defendant received investment money from the victim, he did not have the intent or ability to conduct the business by purchasing sirens, and the money received from the victim tried to use it for other purposes, such as living expenses, not for the purchase of sirens.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Daegu Bank Account in the name of the Defendant on November 27, 2013, under the pretext of investment money.

2. The Defendant, as stated in the above Paragraph 1, was unable to give the agreed profits despite receiving the investment funds from the victim E, and became subject to a claim from the victim.

At this time, on January 22, 2014, the Defendant made an investment of KRW 15 million to the victim in the mutual infinites located in the Daegu Northerndong, the Defendant made an investment of KRW 15 million to the victim. In addition, the account of the investment in KRW 10 million was complicated, and the Defendant was unable to receive the rental fee that should be paid by the insurance company.

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