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(영문) 대구지방법원 2017.05.18 2016고단2995
사기등
Text

A person shall be punished by imprisonment for a term of one year and one year, respectively, for a crime set forth in the holding of the defendant with respect to any of the crimes set forth in Articles 1 through 3.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Daegu District Court, which became final and conclusive on March 26, 2016.

"2016 Highest 2995"

1. On November 16, 2014, the criminal defendant against the victim E committed a fraud to the victim E at the mutual infinite coffee shop located in the Daegu Suwon-gu Mangu, Daegu-gu, Seoul-gu, Seoul-do, “The defendant is engaged in a domestic insurance business, and there occurs a lot of profits when joining the fund.

In addition, if an insurance policy is purchased with the proceeds of the fund, it will be guaranteed, and it would be invested in the fund."

However, in fact, the defendant received money from the injured party with a debt of KRW 130 million and thought to use it for the repayment of credit card payments by the injured party's personal debt and her husband, but did not have any intent or ability to subscribe to the fund in the name of the injured party.

As above, the defendant deceivings the victim and thereby deceiving him as such, KRW 30 million on the following day from the victim, KRW 10 million on the 27th of the same month, KRW 2 million on the 5 February 2015, and KRW 2 million on the 5th of the same year.

3. Around 19.5 million won was remitted to an enterprise bank account in the name of the defendant.

"2017 Highest 29"

2. The Defendant’s embezzlement against the Victim F was an insurance designer at the Daegu Branch Insurance Co., Ltd. (State).

On December 21, 2012, the Defendant: (a) entered into a contract with the victim Samsung T&S Co., Ltd. in the name of Samsung T&S Co., Ltd. (Contract Number G) in the name of the victim by stating that “where an insurance company operates its funds, it will pay taxes to the insurance company”; (b) received KRW 1 million from the Defendant’s account on December 28, 2012 to May 8, 2015; and (c) received KRW 73,290,000 from around four occasions, as shown in the attached Table 1 of the List of Crimes, from around that time to May 8, 2015, the Defendant kept the total amount of KRW 73,290,000 for the payment of insurance proceeds to the damaged party.

The Defendant, at his own discretion from January 2013 to December 2015, KRW 43,990,00.

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