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(영문) 창원지방법원 거창지원 2014.11.12 2014고단109
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 109]

1. Around September 19, 2011, the Defendant applied for a loan of insurance contract as security for traffic accident insurance (securities number F) and adult disease comprehensive insurance (securities number G) purchased in the name of the victim in the life insurance of the Defendant, using the victim’s resident registration number he/she became aware of as an insurance solicitor for about one year from October 201, when he/she called the victim’s life insurance on the life insurance for the stock company affiliated with the victim, and called the victim as an insurance solicitor for about one year from around 2010.

On September 19, 201, the Defendant deceptioned the counselor as above, and acquired insurance contract loans of KRW 9,300,000 from the above insurance company, and acquired money by transfer from the victim’s name bank account (H) to the victim’s bank account requested by the Defendant with bad credit standing.

2. On January 16, 2012, the Defendant: (a) had not obtained the consent from the victim E to cancel the insurance; (b) had the same method as Paragraph (1) applied for the cancellation of three insurance contracts, such as transportation accident insurance (securities number F), adult disease comprehensive security insurance (securities number G), lifelong health insurance (securities number I), etc., which was subscribed to the said insurance company in the name of the victim, by deceiving a real-time counselor in the life insurance for the stock company, using the same method as Paragraph (1).

The Defendant, by deceiving the counselor as above, acquired the total sum of KRW 2,689,694 from the above insurance company on the same day by transfer from the victim’s national bank account (H).

3. Around March 2, 2011, the Defendant made a false statement to the victim E at the Seocho-gu Seoul Special Metropolitan City Branch in the Seoul Special Metropolitan City of Chang-gu, Chang-gu, Seoul Special Metropolitan City, stating that “The Defendant would use money to pay KRW 3 million, and that the money would be repaid immediately.”

However, the facts are that the operation of the multi-stage J at the time is a business depression.

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