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(영문) 의정부지방법원 고양지원 2015.09.22 2015고단1466
사기
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who served as an insurance solicitor belonging to the PCA life insurance company from April 201 to March 2015.

1. On January 5, 2015, the Defendant committed the crime against the victim D, saying, at a restaurant where it is impossible to know the trade name located in the Gangnam-gu Seoul Eastdong, Gangnam-gu, Seoul, the Defendant made a false statement to the victim that “this company has a director of the YYY, among customers within the domestic management, and this company has been listed for a long time, and that the director agreed to receive the company’s shares, so he/she may impose a large amount of money on the director’s stocks. 50 million won is to keep the difference by selling the shares on the face of the company.”

However, in fact, since May 2014, the Defendant received 10% interest from a month when he/she borrowed money from a person who had no particular income or property to another person, and then returned money from another person, which he/she borrowed money from another person, so that he/she is able to use the money received from the victim as debt repayment and cost of living, and even if he/she received money from the victim, he/she did not have any intention or ability to purchase shares.

The Defendant received 33 million won from the victim to the Defendant’s bank account in the name of purchase of stocks on the same day, and 20 million won from January 7, 2015, respectively, and acquired 53 million won in total.

2. Around January 10, 2015, the Defendant committing the crime against the victim E said false statement to the victim at the location of the PC life insurance G located in the PC in Gangnam-gu Seoul Metropolitan Government 6th floor of the F building, stating, “If the Defendant lends money, he/she will make a 10% of the principal and interest on the loan of money to the victim after the lapse of 10% at a time.”

However, there was no intention or ability to repay the borrowed money from the victim for the same reason as the above Paragraph 1.

The Defendant, under the pretext of the borrowed money from the victim, received the money of KRW 10 million from the said defendant to the bank account of the said defendant on January 13, 2015, and acquired KRW 20 million in total from the victim on February 17, 2015, respectively.

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