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(영문) 청주지방법원 2017.08.17 2016고단1306
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The fraud Defendant is a person who has worked as an insurance designer at the point of Samsung Bio-resources B, and around February 17, 201, the victim C is entitled to pay the unpaid premium to the customer on behalf of the customer.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any particular property at the time and disbursed the monthly wage as debt repayment, insurance premium return prevention, living expenses, and did not have any intention or ability to repay even if he borrowed money from the damaged party because the situation where the defendant continued to stop to return the debt through the card loan.

The Defendant was transferred KRW 1,250,00 from the victim’s account in the name of the Defendant on the same day to the account (D) and from that time until March 8, 2013, the Defendant received KRW 22,884,470 in total from the victim, such as the statement in the list of crimes in the attached crime, from March 8, 2013.

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

2. Around November 21, 2011, the Defendant, upon receiving a request from the victim C to subscribe to deposit-type savings and insurance, was arbitrarily consumed on the 22th of the same month when he/she was kept in custody for the victim by receiving KRW 8 million insurance money from a new bank account under the name of the Defendant (E).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Part concerning C statement of the suspect interrogation protocol twice the police over the accused;

1. Statement made by the police with regard to C;

1. A detailed statement of each transaction;

1. Statement of separate accounts;

1. Application of Acts and subordinate statutes on loans and transaction lists;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment with labor for each crime;

1. Taking into account the fact that the sum of the amount obtained by deceiving the reason for sentencing and embezzled is not specified and the fact that damage has not been repaid is not specified in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes.

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