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(영문) 수원지방법원 안산지원 2017.11.29 2017고단2033
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an insurance solicitor working for AB & I as a company specializing in finance and insurance consulting business located in the third floor of the Gangnam-gu Seoul Metropolitan Government B building;

1. On August 2016, the Defendant paid the victim D interest of KRW 150,000 per month per 10,000 won per 10 million upon joining the Fund, on an entire market of the “ pregnant, given birth and child care EXPO” held in the Daegu Northern-gu, Daegu-gu, 2016.

“The purpose of “ was to make a false statement.”

However, in fact, as the defendant is liable for personal debt equivalent to KRW 80 million, there was an intention to receive money as a member of the financial product to use it for the repayment of the above personal debt, and there was no intention or ability to subscribe to the financial product and pay interest.

In such a manner, the Defendant deceivings the victim as above and acquired KRW 20 million from the victim to the Han Bank Account (E) in the name of the Defendant for the purchase price of the financial product under the name of the victim, KRW 5.4 million around September 6, 2016, KRW 5.4 million around September 29, 2016, KRW 2850,000 around October 24, 2016, KRW 220 million around December 6, 2016, and KRW 29 million around December 7, 2016, respectively.

2. On August 2016, the Defendant made a false statement to the victim F to the effect that the victim F was said in the preceding market.

However, the fact was that the defendant had the intention to use it for the repayment of personal debt as above, and there was no intention or ability to pay interest with the financial product.

Defendant deceiving the victim as above, and deceiving the victim to the same account as the price for subscription to the financial product from the victim, the Defendant, on August 22, 2016, received each transfer of KRW 10 million on or around December 8, 2016, and KRW 3 million on or around December 8, 2016, respectively, and acquired 13 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes, such as the verification of transfers and details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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