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(영문) 대구지방법원 2018.02.08 2017고단6398
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 2009, the Defendant would have the victim E, who was aware of the fact in the office of the Daegu Suwon-gu D Association, Daegu-gu, 2009, about the transfer of insurance agency business rights, receive the victim E from the business of the Samsung Bio Life Insurance F agency that is exclusively in charge of the automobile insurance of members of the D Association.

In order to carry out insurance, the Court stated that the representatives should take advantage of the insurance policy.”

However, since the change of insurance agency requires the approval of the general meeting of representatives, the defendant did not have the right to arbitrarily transfer the insurance agency business to the victim, and at the time, the defendant did not intend to use it as a security expense even if he received money from the victim as a security because the economic situation is not good in the bad credit condition.

Around May 2009, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from H office in Seo-gu, Daegu-gu, Seoul-gu, from the victim; (c) received KRW 5 million from the Daegu bank account in the name of the Defendant’s branch around May 22, 2009; (d) KRW 5.8 million from the Daegu Bank account in the name of the Defendant’s branch around May 22, 2009; and (e) KRW 5 million from the Agricultural Bank account in the name of the Defendant on May 29, 2009, respectively.

2. On November 2009, the Defendant, in relation to the acquisition of an insurance certificate, appears to have had the intent to enable the victim to carry on the insurance agency business at the above D Association office. “In order to carry on an insurance agency, the Defendant must have a certificate of qualification to deal with insurance, and 5.5 million won should be required when complying with the certificate of qualification.

“.......”

However, the fact that the general assembly of representatives had already maintained the existing insurance agency at the time, so the defendant could not allow the victim to run the insurance agency business, and the insurance-related qualification certificate is only a test administered by the insurance association, so no particular cost is required.

The defendant deceivings the victim as above and belongs to it.

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