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(영문) 대전지방법원 천안지원 2013.06.28 2013고단447
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for eight months in the Daejeon District Court's Branch for the same year.

6. 8. The above judgment was finalized.

[Relationship between the Defendant and the victim] From December 2010 to August 201, 201, the Defendant served as a business employee in (State) D, an insurance agency operated by the victim C, as a business employee.

【Criminal Facts】

1. Around November 2010, the Defendant made a false statement to the effect that “Around November 2010, the Defendant would be able to settle the amount that he/she is working in the current E company, but he/she has to pay. If he/she lends KRW 20 million to the victim, he/she may settle the debt and pay it within one year.”

However, in fact, the Defendant did not have any intention or ability to repay the debt amounting to KRW 50 million and KRW 30 million to be paid to E Company without any particular property, even if he borrowed KRW 20 million from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim’s bank account in the name of the Defendant around December 24 of the same year.

2. The Defendant, when working in the above state D, concluded an insurance contract under the name of the Defendant or a person in the name of the Defendant by using the fact that he received allowances from the victim in lump sum, and tried to acquire allowances by means of making the insurance contract invalidated by cancelling the insurance contract after a certain period of time or failing to pay the premium.

On December 29, 2010, the Defendant entered into an agreement with the F Company’s “Family Love Insurance that enables the Defendant to wear the F Company’s happiness” as the insured on December 29, 2010, and acquired KRW 691,635 from the victim on January 25, 201.

However, the defendant receives only allowances from the beginning.

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