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(영문) 인천지방법원 2017.02.14 2016고정3183
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On November 24, 2016, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the Incheon District Court on November 24, 2016 and the above judgment became final and conclusive on December 2, 2016.

[2] The Defendant’s crime is an insurance designer, who works in Heung National Bio-resources B, and on August 26, 201, via phone to the victim C, who was a company member of the past company, in the Buddhist area of Incheon, not more than Incheon on August 26, 2011, gains much more if the Defendant extended the insurance proceeds with the insurance purchased as collateral and paid the insurance proceeds with

In order to deposit into the account of Na who is an employee, the interest was also exempted, and the loan was received and the remittance was changed to Na.

However, in fact, in order to raise the performance of the insurance designer at the time, the defendant subscribed to the insurance in the name of the beneficiary and subscribed to the insurance in the name of the beneficiary, and the defendant was in excess of KRW 100 million, and there was only a plan to pay the insurance premium for the false insurance contract in the name of the beneficiary from the defendant, and there was no intention or ability to pay the insurance premium for the victim.

Nevertheless, the defendant deceivings the victim as above and transferred 13 million won to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: Inquiry of case summary information and application of the text of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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