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(영문) 인천지방법원 부천지원 2016.04.01 2015고합290
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 1, 2014, the Defendant is the head of the Dong branch office of the Victim D, which came to know at the mutual infacs shop near Seocho-gu Seoul Metropolitan Government Seocho-gu, and at the E site, “E”. The Defendant is the head of the Dong branch office of the insurance (hereinafter “facs insurance”).

After the introduction of “the advance payment is made to the victim upon the purchase of the off-line insurance,” the advance payment is divided into seven times the contract using it. If the amount of KRW 70,000,000 is invested, the player party and the principal may be refunded from one month to seven times the month.

“The purpose was to make a false statement.”

However, in fact, the defendant was not the vice head of the off-dong branch of the Flag Insurance Policy, and the above insurance company did not pay seven times the pre-paid allowance.

Since the defendant received money from the injured party, he thought that he would use the money for his personal living expenses and entertainment expenses, etc., even if he received the above money from the injured party, he did not have an intention or ability to pay allowances and principal.

The Defendant received 70,00,000 won from the injured party to the bank account (Account Number F) in the name of the Defendant in the name of the Defendant in the name of its investment deposit, and from that time until June 18, 2015, the Defendant received a total of 58,651,500 won or delivered in cash, such as the list of crimes, from June 18, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. In the case of the second public trial protocol, any statement made by the defendant in part appropriate therefor;

1. The entry into the third public trial protocol and the statement made by the witness G suitable therefor;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a detailed statement of transactions related to A, telephone conversations of persons related to three persons on the offline - No person holding office as a suspect, determination of the amount of damage);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the Criminal Act, comprehensively covering the relevant criminal facts.

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