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(영문) 광주지방법원 2015.09.02 2015고단1679
사기
Text

Defendant

A Punishment of 2,00,000 won shall be imposed for the crimes set forth in Section 2 of the Decision, four months of imprisonment with prison labor for the crimes set forth in Section 1 of the Decision.

Reasons

Punishment of the crime

[criminal power] On October 31, 2013, Defendant A was sentenced to six months of imprisonment for embezzlement and two years of suspended execution at the Gwangju District Court on November 8, 2013, and the above judgment became final and conclusive on November 8, 2013, and is still under suspended execution. On July 17, 2014, the same court was sentenced to eight months of imprisonment for fraud and two years of suspended execution and became final and conclusive on July 25, 2014.

【Criminal Facts】

From July 2013, the Defendants were those who had engaged in insurance solicitation using the name of G in a de facto marital relationship with Defendant A without being registered with the Financial Services Commission in the “FF” branch office affiliated with the Gwangju Seo-gu Office from around July 2013, and Defendant A, a bad credit holder, was in need of money in order to repay the Defendant B’s debt amounting to approximately KRW 20 million and to raise funds for office operation.

1. The Defendants co-offenders conspired to acquire money by borrowing the insurance under the name of another, and then receive commission fees and effective the insurance, and Defendant B introduced H and I only the insurance name that would be lent to Defendant A without having an intention to buy the insurance. Defendant A, at around September 24, 2013, prepared an insurance contract in the above office’s name of H, and submitted an insurance contract in the above office around September 26, 2013, to the victimJ, which is the head of the above E branch.

However, in fact, the Defendants thought to cancel the contract because only the initial insurance premium was paid in lieu of the Defendants’ money, and the insurance premium was paid in advance after being paid in advance. H and I submitted a false contract as if H and I had no intent to subscribe and maintain the insurance contract in fact, even though H and I had never intended to subscribe and maintain the insurance contract in question. Accordingly, the above insurance contract shall be maintained from the beginning.

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