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(영문) 광주지방법원 목포지원 2012.12.18 2012고단1169
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant was a person who had served as C insurance solicitor from December 2, 2009 to January 201, and on January 22, 2009, the Seoul Eastern District Court sentenced one year and two months to imprisonment for fraud at the Seoul Eastern District Court on September 30, 2009, paroled on September 7, 2009 during the execution of the sentence, and the parole period expired on November 7, 2009. On August 24, 2012, the said judgment became final and conclusive on September 1, 2012, by having been sentenced to one year and six months of imprisonment for fraud at the Gwangju District Court.

1. Around March 2010, the criminal defendant against the victim D made a false statement to the effect that “F” operated by the victim D in the E market at the end of Sinpopo City on March, 2010, intended to design an insurance to create a large amount of profit with the victim’s “C insurance solicitor, who is less than the C insurance solicitor, will pay the victim a monthly payment.”

However, even if the defendant received money from the victim, he did not have the ability or intent to pay the monthly insurance payment.

The Defendant, on April 6, 2010, received KRW 60 million from the victim as the advance payment of insurance money from the victim, and from that time, from February 15, 201, the Defendant received KRW 150,505 million, in total, five times as the payment of insurance money, as shown in the list of crimes in attached Table, from February 15, 201.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 23, 2010, the defrauded of the Victim G said that “Around June 23, 2010, the Defendant would lend KRW 200 million to the victim after the two months following the increase in the transaction performance when depositing KRW 20 million to the victim’s I office where the victim G was working in the victim G located in the Jeonnamnam-gun, Youngnam District.”

However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to lend the money.

The defendant was given 20 million won as a deposit by the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

Criminal Records

1. A response to inquiries, such as criminal records;

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