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(영문) 부산지방법원 2019.06.26 2018고단5644
사기등
Text

A defendant shall be punished by imprisonment for four years.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2018 Highest 5644" is an insurance solicitor.

1. Around February 2009, at the branch office of the victim B located in Busan Dong-gu, Busan, the fact that there was no particular asset, and the cost of living has deteriorated compared to insurance-related revenues, and even if the defendant received insurance-related investment funds from the victim, there was no intent or ability to pay the principal and interest properly, despite that the defendant did not have the intent or ability to pay the principal and interest, there is goods with 12 million won plus interest of 20% if the defendant puts two years with a grace period of 10 million won in the insurance products. The defendant subscribed to this goods. On the other hand, the defendant made a false statement stating that "It is 2 million won interest at the end of two years, interest will not be paid. It is transferred to the K Association account in the name of J on February 6, 2009, KRW 7 million was transferred from the victim on the same day to the account of K Association account in the name of J on the same day, and the defendant received 7 million won from the victim on February 18, 2009 to the same day.

2. On August 20, 2016, at the same Do business office, the Defendant, despite that the Defendant did not have any intent or ability to repay the principal and interest of the Defendant’s lending of money from the victim B, the Defendant made a false statement to the victim that “if there is any surplus funds, she will lend money. If so, she will pay interest at a high interest rate.” The Defendant received KRW 5 million from the victim in total by cash and account transfer on the same day.

3. The facts at the same wholesale company office around January 25, 2017 revealing that the Defendant did not have any intent or ability to repay the principal and interest of the Defendant’s lending of money from the victim C, the Defendant stated that “I will make a full payment to the Defendant up to three times every three million won if I would have borrowed nine million won as I would need to pay money. I would have to pay money immediately. I would have to pay three million won if I would have borrowed money.”

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