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(영문) 서울남부지방법원 2018.01.17 2017고단4480
사기
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On April 199, while the defendant was working as an insurance designer in Samsung Life Insurance Co., Ltd., the defendant started to borrow money from many victims, such as insurance premium payments for the insurance performance, the exchange transfer agency, and the customer of insurance, etc. who failed to pay for the shortage of money necessary for the operation of the shop. As much as the debt increases, the defendant's revenue alone was difficult to repay the principal and interest of the existing debt by borrowing the money from the party who borrowed the money from the other party and the other party who borrowed the money from many victims in the way of "to prevent a return" to repay the principal and interest of the existing debt.

Accordingly, the defendant is required to operate the business to the victim C who is a workplace partner with the Samsung Life Insurance Co., Ltd. working together.

At the time of borrowing money, 1.5~2 of each month interest will be paid by borrowing money.

“Along on the date of the change, I prepared a fair deed stating that the principal will be repaid in full without problem and delivered to the victim.”

However, the defendant had already been in a situation where the principal of the existing debt was over several billion won, and since the revenue of the defendant alone is insufficient to repay the interest of the existing debt, the defendant did not have the intention or ability to pay the principal normally on the date of repayment even if he borrowed the money from the victim.

As above, the Defendant, by deceiving the victim, received total of KRW 327,058,950 from April 13, 2009 to April 28, 2017 from the victim, and obtained a total of KRW 2,803,947,761 from 15 victims from January 22, 2009 to May 2, 2017 as indicated in the list of crimes in the attached Table, such as receiving KRW 327,058,950 from the victim.

Summary of Evidence

1. The defendant's statement at the fourth public trial date in court;

1. Each police statement made to C, D, E, F, G, H, I, J, and K;

1. Investigation Report (Additional Victim Confirmation - L, M), Investigation Report (related to the attendance and statement of the additional victim) and Investigation Report (the date and time of the crime).

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