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(영문) 대전지방법원 홍성지원 2013.09.11 2013고단318
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud;

A. On October 9, 2012, the Defendant committed the crime of advance payment of life-long insurance premiums: (a) at the pharmacy operated by Boan-si, Boan-si, the victim E, the wife of the said D, “If D wishes to receive advance cancer diagnosis money, it shall be more than three months from the date of the purchase of the insurance. As it would be expected that D would have purchased the insurance prior to the date of the purchase of the insurance, the advance payment of the insurance premium for several months will change. As the husband and wife subscribed to the insurance at a similar time, E’s insurance premium would also be paid in advance.”

However, the defendant was aware of the fact that even if the victims who are customers' managing as insurance solicitors make advance payment of insurance premiums, D could not receive cancer diagnosis money, the victims thought to use advance insurance premiums for personal purposes, and there was no intention to pay it for it.

Nevertheless, the Defendant, by deceiving victims as such, received total amount of KRW 8,152,50,00 on October 9, 2012 from victims E for the advance payment of life insurance premiums, and KRW 1,452,550 on October 19, 2012, and KRW 8,152,50 on October 23, 2012, and KRW 50 on three occasions, including KRW 2,400,000 on October 23, 2012.

B. On November 3, 2012, the Defendant committed the crime of advance payment of the NEW’s Savings Insurance Premium (hereinafter “NEW”) at the Defendant’s home located in Seo-gu, Seo-gu, Seo-gu, U.S. 402 (A) Dong-dong 402, called the victim E to receive any higher interest when advance payment of the insurance premium for the NEW savings insurance, and when advance payment of the insurance premium is made, the Defendant may create interest at an amount equivalent to KRW 35 million with the insurance premium. The amount of interest at an amount equivalent to KRW 250 million may be created. The accounts in the name of the Defendant shall be operated in the corporate account of Samsung Bio-resources, in fact, and may not receive any money in mind with the company’s delegation.”

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