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Reasons
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(영문) 대전지방법원 2014.03.20 2014고단377
사기
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A defendant shall be punished by imprisonment for three years.

The defendant shall obtain money from C who is an applicant for compensation 48,00,000 won and shall be applied for compensation E.

Reasons

Punishment of the crime

On September 2010, the Defendant made a false statement to the victim H that “There is a good insurance product that can only be subscribed for a third group’s lineal ascendants and descendants. If he/she takes charge of such money, he/she would take out insurance with the money and make monthly profits.”

However, since the above insurance product did not have been covered by the victim, the defendant purchased the above insurance product with money from the victim and was planned to use the money received from the victim for giving interest, principal, etc. to the defendant to another insurance contractor.

As such, the Defendant, by deceiving the victim, received KRW 30,000,000 from the victim on the same day as the insurance payment in the same place, and received KRW 596,620,000 in total from the victims over 71 times from the above date and time to November 12, 2012, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, I, E,J, C, K, D, L, and M;

1. Application of F's accusation (including attachment materials)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Compensation Orders (victim C and E);

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. It is so decided as per Disposition on the grounds of not less than Article 32(1) and (2) of the Act on Special Cases concerning the Dismissal of Application for Compensation Order (victim F, D) Litigation Promotion, etc.

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