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(영문) 부산지방법원 2015.05.21 2014고단7822
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant: (a) was an insurance solicitor. (b) on January 25, 2013, the Defendant said that “B will attract multiple customers to conclude an insurance contract with the insurance company on behalf of the insurance company located in Busan, Busan, as a subordinate insurance solicitor of the victim E, who is an insurance solicitor.” (c) and (d) on January 25, 2013, the Defendant said that “B will interfere with the conclusion of the insurance contract with the insurance company on behalf of the insurance solicitor.”

However, in fact, the defendant only has a debt, and without any other profit or property, had his creditors enter into an insurance contract with an insurance company, and there was no intention or ability to attract the "ordinary insurance contract" (hereinafter referred to as "ordinary insurance contract") to which the holder of the insurance contract can continue to maintain for a long time while paying the insurance premium to the insurance company because he plans to pay the insurance premium under the insurance contract to the creditors in lieu of creditors or to pay his debt with the fees for the Scargs and the conclusion of the insurance contract that he received from the victim.

After that, on February 1, 2013, the Defendant received 30,000,000 won from the victim under the pretext of scoutout, and acquired it, and on January 31, 2013, the Defendant made F, a creditor, enter into a smart pension insurance contract in excess of Samsung Bio-resources and frates, and then, “F’s insurance premium 4,900,250 out of the “the charges that the Defendant would receive from the victim,” “The fact, even if the Defendant paid the insurance premium on behalf of the creditor F, would offset the F’s insurance premium by its own claim and the payment of the premium.” Thus, F, even if the Defendant did not pay the amount equivalent to the amount of the insurance premium paid on behalf of the creditor F, is not paid to the Defendant, and thereby, F, by means of having the victim misunderstanding as a normal insurance contract.”

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