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(영문) 춘천지방법원 원주지원 2015.12.01 2015고단943
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 5, 2006 to August 1, 2010, the Defendant: (a) had been engaged in insurance solicitor work in prison life insurance; (b) had the victim B, who had been in school Chang-si from the school Chang-si, and had the victim B, who had been in friendship, enter into the insurance policy on June 13, 2008, for 30,000 square meters; (c) on December 31, 2009, the insurance premium was 103,60,000, for 103,60,000, for 40,000,000, and managed the payment of the insurance premium by the victim.

Around October 2008, the Defendant stated that “If the Defendant did not pay the premium for two months, the insurance will be invalidated.” On the other hand, the Defendant made a false statement to the victim on November 2008, that “the insurance premium paid by him/her is transferred to the account by transferring the insurance premium paid by him/her to the account.”

However, the defendant had no intention or ability to pay the victim's insurance premiums because of economic difficulties, and the defendant had already invalidated the insurance contract because he did not pay the victim's insurance premiums by proxy.

On November 12, 2008, the Defendant received 1,201,700 won from the victim under the name of insurance premium paid by the Defendant to the Defendant’s post office account.

In addition, from November 12, 2008 to August 11, 2014, the Defendant received a total of KRW 24,471,800 from around 200 to around 50 times in total under the name of insurance premiums paid by the Defendant, as described in the annexed crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. The police statement concerning B;

1. Verification of details of financial transactions of teaching life;

1. Application of Acts and subordinate statutes on account transactions;

1. Imprisonment with prison labor, including Article 347(1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment;

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