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(영문) 의정부지방법원 고양지원 2017.03.09 2015고단2720
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on June 16, 2015, and the said judgment became final and conclusive on August 29, 2015.

[2] On July 31, 2013, the Defendant stated that “D” offices operated by the victim C in Kimpo-si, Kimpo-si, Kimpo-si, that “The Defendant would allow the victim to register the consulting cost as an individual insurance benefit item in the Health Insurance Review and Evaluation Institute with respect to the product manufactured by the victim by the victim.”

However, even though the defendant's father's access to Gangwonland was restricted by the defendant's father's permission, the defendant was seriously ill in gambling, such as being discovered and punished, and he thought that he would receive money from the injured party and use it as gambling funds, etc., so he did not have any intention or ability to register the products manufactured by the victim as an individual insurance benefit item in the Health Insurance Review Evaluation Institute.

As such, the Defendant, by deceiving the victim, received KRW 22 million from the victim to the bank account (E) in the name of the Defendant on the same day, KRW 5 million from the same account on October 18, 2013, and KRW 88 million in total from the same account on October 31, 2013, and received KRW 11 million from the same account on the same date for the purpose of registration of insurance benefits registration, and received KRW 88 million from around that time to August 4, 2014, as described in the attached list of crimes, by deceiving the victims as shown in the list of crimes, and received KRW 56,500,000 in total eight times from the victims.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Recording notes of each prosecutor's office against the accused (including the C and F's statement);

1. Recording notes of each prosecutor's office with respect to G and H;

1. Each police statement made to C, F, and I;

1. An investigation report (a report on confirmation of access to the ABland), an investigation report (a report on the victim’s phone statement hearing), an investigation report (a witness’s H statement hearing), and an investigation report (a witness’s statement hearing);

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