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A defendant shall be punished by imprisonment for not less than eight 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.
(e).
Reasons
Punishment of the crime
[2016 Highest 7594] On March 17, 2015, the Defendant made a false statement to the effect that “The Defendant would use the company’s funds only for 2 to 3 months if it loans 50 million won due to a shortage of company funds,” at the victim D’s house located in Busan Shipping Daegu B building C.
However, the insurance agency operated by the defendant around that time was difficult to operate, and the defendant was in a situation where the beneficiary bears the obligation of several billion won and thus there was no intention or ability to pay the amount normally even if the beneficiary borrowed money from the victim's wife.
The defendant obtained 50 million won from the injured party to the E-bank account (Account Number F) in the name of the defendant on the same day from the injured party and acquired it by fraud.
[2017 Highest 2241]
1. On June 15, 2015, the Defendant committed the crime of June 15, 2015, in the office of the insurance company H insurance company located in Busan Seo-gu, Busan Seo-gu, to which the Defendant would operate, “The end of the insurance premium shall be closed at the end of the month” to the victim I (the age of 72).
The phrase "a loan of 20 million won is made by using the heat draft only, and making a false statement."
However, the insurance agency operated by the defendant around that time was difficult to operate, and the defendant was in a situation where he bears the obligation of several billion won to the branch, and thus there was no intention or ability to pay the amount normally even if he borrowed money from the injured party.
Around June 17, 2015, the Defendant received 20 million won from the damaged party to the E-bank account (Account Number:F) in the name of the Defendant and acquired it by money.
2. On July 1, 2015, the Defendant: (a) on July 1, 2015, at the “K” office located on the 10th floor of the building JJ in Busan, Busan, the Defendant paid the insurance premium to the victim at the end of the month.
The loan shall be extended in 10 million won, and it shall be repaid in 30 million won by August 1, 2015, together with the loan 20 million won.
“A false statement.”