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(영문) 수원지방법원 2016.08.10 2015고단2466
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

From March 2013, the Defendant has served as an insurance solicitor at a branches of ING life insurance D.

On August 27, 2013, the Defendant made a false statement to the victim G on the “F” coffee shop located on the second floor of the building in the Suwon-si District E, “The Defendant is entitled to receive allowances for insurance solicitation in two names, rather than performing insurance solicitation in the name of one person in the inside, so that he/she may receive allowances in the name of one person, so that he/she may receive a large amount of allowances by soliciting insurance solicitation in the name of a width.”

However, in fact, on around 2011, the Defendant was liable for a large amount of money at the time when he was unable to repay due to failure in the distribution business, etc., and was paid the above allowances, and then cancelled the above insurance contract or would be treated effectively. The above allowances were used to pay other debts, and thus, there was no intent to maintain the insurance contract even in the name of the victim because the Defendant was planning to repay the debt with the “unrefiscing” formula.

On August 27, 2013, the Defendant: (a) by deceiving the victim; (b) opened a bank account (H) with the name of the victim from the injured party at the Sung-si branch of Korea, Sung-si, Suwon-si on August 27, 2013; and (c) received the said account from the injured party on October 34, 2013; (d) KRW 418,00,00 won on November 26, 2013; and (e) received KRW 5198,00,00 on December 26, 2013; and (e) received KRW 70,00 won on January 28, 2014 as an allowance for soliciting insurance.

Accordingly, the Defendant was given a total of KRW 7,078,00 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A written confirmation of the I facts;

1. Application of the Kakao text message, details of Korean bank account transactions, details of the Kakao’s redemption, and application of the Kakao text message statute

1. Article 347(1) and (2) of the Criminal Act relating to the facts constituting an offense.

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