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(영문) 대전지방법원 홍성지원 2016.05.31 2015고단530
사기등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant, from March 14, 2007 to March 2012, 2012, worked as an insurance designer for the AI life insurance. The Defendant borrowed money from many people in order to cover excessive expenses incurred in the course of paying monthly insurance premiums that he/she did not pay. However, as a result, he/she borrowed money from the majority of people in order to pay the monthly insurance premiums that he/she did not pay to the insured, and led the victims to pay the principal and interest of the other creditors with the money received from the victims under the terms of high interest rate and short-term repayment, and leading the victims to borrow or make an investment on the condition of the highest and high-class faithful insurance designer for his/her own high-income and the short-term repayment. If the creditors recover their credit, he/she was willing to receive the so-called “return” by borrowing or receiving money from them in the same manner, and paying some principal, interest and profits.

On August 16, 2010, the Defendant stated that “In Dda located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant loaned money to the victim E, with three additional interest every three months in managing the fund, and with the principal repaid on January 31, 2012.”

However, in fact, the Defendant did not have any intent or ability to pay the principal or interest to the victim by investing the money in the fund normally because it was intended to use the money for insurance premiums, personal debt repayment, etc. such as life insurance, etc. that the Defendant subscribed in the name of the Defendant, or by preventing the so-called return of the principal and interest of another person.

As such, the Defendant, by deceiving the victim, received KRW 10,00,000 from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day, and received KRW 329,00,000 from the victim to March 9, 2012 in total on 23 occasions, such as the list of crimes in attached Table 1, from the victim 9.

"2015 Highest 1033"

1. The Defendant on October 201.

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