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(영문) 제주지방법원 2016.07.20 2016고단252
사기
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On January 23, 2014, the Defendant was a person who was working as the head of D insurance business team, and the monthly income exceeds KRW 10 million on December 2013. However, in the name of the Defendant’s family members, etc., the insurance premium exceeds KRW 3.5 million on a monthly basis, and the monthly wage was paid within KRW 2-3, the customer’s payment of insurance premium, etc., and most of the monthly wage was paid within KRW 50 million on a monthly basis. The Defendant did not have any intent or ability to complete payment even if he/she borrowed money from others without any particular property to reach KRW 50 million.

Nevertheless, on January 1, 2014, the Defendant did not pay the victim C with the money borrowed from the D office located in the Seocho-si, Jeju.

A monthly wage of 10 million won exceeds 10 million won, and 300 to 40 million won is deposited in one month, and the maturity is 12 months.

In the case of lending KRW 30 million, 3% of monthly interest will be paid on a monthly basis, and when the deposit is due in December, it will be paid.

The phrase “ makes a false statement.”

On January 23, 2014, the Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative Account under the name of the suspect as the borrowed money.

2. On January 28, 2014, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from others on the same ground as that set forth in paragraph 1.

Nevertheless, the Defendant, at the D office located in Jeju-si around January 28, 2014, paid the victim the above C with the interest rate of 3% per month on February 28, 2014.

The phrase “ makes a false statement.”

On January 28, 2014, the Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account under the name of the suspect as the loan borrowed around January 28, 2014.

3. On March 28, 2014, the Defendant did not have any intent or ability to complete payment even if he/she borrowed money from others on the same ground as that set forth in paragraph (1).

Nevertheless, on March 27, 2014, the Defendant, at the D office located in Jeju-si E around March 27, 2014, uses the victim’s “one million won to pay money.”

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