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(영문) 서울중앙지방법원 2017.11.03 2017고단5098
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

From April 2010 to May 2013, the Defendant: (a) was operating a company selling computer and other computer equipment; (b) was first operating the victim and the insured (ju) for the purpose of security when borrowing money from the first L&C; and (c) sought to enter into a guarantee insurance contract with the amount equivalent to the borrowed money as the guaranteed amount; (d) however, the Defendant did not conclude a guarantee insurance contract with respect to simple monetary consumption lending and lending from the Seoul Guarantee Insurance, by submitting a false goods supply contract to the effect that the Defendant did not conclude the guarantee insurance contract.

On October 15, 2012, the Defendant: (a) borrowed money from the first L&C office located in Yongsan-gu Seoul Metropolitan Government (State); (b) prepared a false commodity supply contract stating that “(State) first L&C (State) purchases goods from the third selling company and supplies (State) C/C to (State) and (b) pays the price to the first L&C company; and (c) on the same day, written a false product supply contract stating that “The above product supply contract is a normal commercial goods supply contract to the person in charge of the purchase insurance at the first hill branch office located in Jongno-gu Seoul Metropolitan Government Kim Jong-ro 29; and (b) submitted that the above product supply contract is a normal commercial goods supply contract; and (c) on October 15, 2012, Seoul Guarantee Insurance Co., Ltd. and the first 300 billion won of the sales price of the goods under the contract to guarantee the payment of the goods (State or below).”

After the conclusion of the contract, the surety insurance policy issued by the victim Seoul Guarantee Insurance Co., Ltd. (the sales price of goods) was first delivered to the staff in charge of L&C.

Since then, the Defendant borrowed KRW 28,980,00 from the first L&C on October 16, 2012, and failed to repay the borrowed amount of KRW 28,980,00, the first L&C contract on December 11, 2013 with the victim Seoul Guarantee Insurance Co., Ltd.

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