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(영문) 청주지방법원 2018.10.04 2017고단1389
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 Records] On August 10, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for fraud, and the above judgment became final and conclusive on the 18th of the same month.

[Criminal facts] The Defendant is a person who has served as an insurance designer in the life insurance of ING.

On November 22, 2012, the Defendant, by making a telephone to the victim B, is entitled to receive KRW 13 million insurance commission from the Company if he/she solicits life insurance to pay KRW 1 million in one month during which he/she has paid.

The first month insurance premium is paid in 200,000 won by purchasing insurance contracts under the name ofp and C. The second month, the second month, stating to the effect that the company will maintain the contract by paying insurance premiums and receive insurance solicitation fees from the company.

However, even if the Defendant borrowed money from the injured party as above, the Defendant was thought to use a significant portion of the money for personal purposes, and the pertinent contract should be maintained to obtain the above insurance solicitation fees for at least two years. The Defendant was unable to normally obtain the insurance solicitation fees because he/she has no ability to maintain the above contract for at least two years. The Defendant did not have any intent or ability to pay the said fees even if he/she borrowed money from the injured party due to lack of particular property at the time.

Nevertheless, the Defendant was issued KRW 95,00 on 22 occasions from March 31, 2014, as shown above, the sum of KRW 134,943,215, including the receipt of KRW 995,00 per day from the victim to the KG life insurance account, and one million to the Korean investment securities account in the name of the Defendant, from March 31, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of each account transaction;

1. Details of the Kakao conversation between December 13 and March 15, 199, the Appellate Note, the 4. Declaration (Duplicate), the 5. Nets (Duplicate), the 10.13.13 to 15.15.

1. Previous convictions: To inquire into criminal records, etc.;

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