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(영문) 서울중앙지방법원 2020.07.22 2020고단1908
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2018, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Eastern District Court on February 21, 2018, and its judgment became final and conclusive on November 19, 2018.

【Criminal Facts】

On June 30, 2017, the Defendant was prosecuted with the Seoul Eastern District Court on the charge of “the fraud of approximately KRW 120 million from an insurance company by means of the conclusion of a false insurance contract while serving as an insurance solicitor,” and was committed in the criminal trial. The Defendant was committed with intent to obtain money from a third party in order to prepare for the payment of damages for receiving a prior wife in the said criminal trial.

around September 2017, the Defendant received KRW 10 million from the victim’s new investment finance account (Account Number F) in the name of the Defendant around October 2, 2017, on the following grounds: (a) around September 2, 2017, the Defendant: (b) the victim, who became aware of in the office of the victim D located in Gangnam-gu Seoul building C; and (c) the fact that the Defendant was under criminal trial, a social journal E, was hidden, and (d) the Defendant loaned KRW 10 million to the new investment finance account (Account Number F) in the name of the Defendant.

However, the defendant was thought to use the money received from the victim as the defendant's compensation for damage to the criminal trial, and there was no special property or revenue source at the time, and eventually there was no intention or ability to repay the money within 15 days even if he borrowed money from the victim.

As above, the Defendant made a false statement to the victim, and acquired 10 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A copy of each account;

1. A statement on criminal records, etc.;

1. Report of investigation (verification of date of confirmation of a suspect's trial), application of a copy of judgment, and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.

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