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(영문) 광주지방법원 순천지원 2017.08.18 2017고단402
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the victim C is guilty of borrowing funds.

Reasons

Punishment of the crime

To the extent that the defendant does not have any substantial disadvantage in exercising his/her right of defense, the part of the facts charged was modified and recognized ex officio.

1. The Defendant, from around December 1996 to May 2, 2014, was a person who worked as an insurance designer from the “Korea-Japan Life (Life against the Gu’s Life) branch located in the Dobong-gu, Youngdong-gu, Namnam-gu, Seoul Special Metropolitan City as the insurance designer.”

The Defendant, when working as an insurance designer, paid the premium to the customers who are difficult to pay the premium as of the end of each month, or borrowed the premium directly to the customers who have difficulty in living, and as a result, the obligation to pay on behalf of the customers who have not received the payment on a deposit basis was caused to a considerable amount of KRW 250,000,000,000,000,000 per month by requesting an individual rehabilitation in around 208.

In addition, the defendant is unable to lend personal rehabilitation period or issue credit cards, and even if he is paid the amount of 700 to 80 million won each month, in order to continue his insurance business, he did not have any intent or ability to repay the amount even if he borrowed money from the victims even if he did not meet the remaining amount of living expenses. The amount of KRW 200,000 per month is equivalent to KRW 300 to 4 million per month for customer management expenses in order to maintain the insurance contract, and the amount of KRW 600 to 7 million per month is spent for personal rehabilitation expenses.

2. Around January 24, 2014, the Defendant made a false statement to the victim E, who is a partner of the Defendant’s house located in the Seoul-gun apartment A, Dong Dong 308, stating that “If the Defendant borrowed 10 million won to require money due to the payment of insurance premiums, etc. on behalf of the Defendant, he/she will pay it up to March 24, 2014.”

In fact, however, since the insurance market has chilled around that time and the business performance has not been good, the defendant has not been paid only the amount of 300 to 50 million won and there is a lot of expenditure.

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