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(영문) 수원지방법원 2019.05.16 2018고단6825
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant had the intent to arbitrarily accept and use the insurance that had been deposited in the name of Cbank D account in the name of B, and had the victim E Co., Ltd. applied for the withdrawal of insurance (securities No. 6) which had been deposited in the name of B in the name of B, as if the Defendant applied for the withdrawal of B in the name of B in the name of B.

The Defendant received KRW 99,00,00 from the victim company to the above Cbank account in the same name as the insurance money in the same manner from June 9, 2017, and acquired KRW 65,473,644 in total from the victim company for 134 times, such as the statement in the list of crimes in the same manner from the time to June 9, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in B and G of the police interrogation protocol of the accused (four times, comparison, etc.), among the interrogation protocol of the accused;

1. Each written statement of the prosecution and police concerning G and B;

1. B accusation;

1. An investigation report (final arranged report on a list of crimes - see statements and account details);

1. Application of the following Acts and subordinate statutes to the details of deposits, such as insurance loans, etc., among the attached Form 2 (C Bank D Accounts), subscription forms, certificates of unpaid interest on insurance contract loans, subscription forms for each insurance contract and documents of confirmation of transaction of insurance contract loans, balance sheet of insurance contract loans, certificate of deposit transaction (C Bank D), copy of bank account passbook B (C Bank D), copy of deposit transaction account passbook, complaint book, H credit assessment information, B name C Bank D account transactions, consolidated account transactions, complainants account transactions, and deposit details of insurance loans, etc. among the C Bank D accounts;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] is general fraud.

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