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(영문) 대구지방법원 경주지원 2018.09.13 2018고단329
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant was living together with D on December 18, 2017, 2017, and the victim C is a person designated as the beneficiary of the “(free) KB Yssssk 365 Health Insurance (17.04) (22187)”, the insured with D’s mother as the insured.

Defendant received insurance money on behalf of the victim by delegation of the right to claim insurance money from the victim who was unaware of the content of the above insurance, such as total amount of the insurance money and the beneficiary of the insurance.

On December 19, 2017, the Defendant stated that “The head of the Ulsan National University Hospital funeral hall in Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S., 877, “The Defendant prepared a proxy form necessary for the claim for insurance proceeds, and made a request for issuance of a certificate of seal imprint.”

On January 5, 2018, after the Defendant was delegated with all the authority to receive insurance proceeds from the victim who believed this, the Defendant filed a claim for insurance proceeds with KB non-life insurance with KB non-life insurance, and embezzled KRW 81,76,532, including KRW 50,00,00,00 as insurance proceeds, such as death from around the 23th of the same month, and KRW 31,766,532 as insurance proceeds, such as expenses for surgery for transplantation of the five ledger, around the 30th of the same month, under the name of the Defendant’s birth, by arbitrarily consuming KRW 81,76,532 as insurance proceeds, such as expenses for personal debt repayment, etc.

"2018 Highest 548"

1. On July 2016, the Defendant: (a) around July 2016, 2016, in the “I”; (b) around the Defendant loaned the victim the interest, such as the principal, if he/she lent the money to purchase another vehicle living together with the victim as the principal, from the “I” clothes located in H of the racing, which is operated by the victim G; and (c) the victim.

“A false representation was made.”

However, in fact, the Defendant was in bad credit standing at the time and did not have any special property or income, and thus, he borrowed money from the victim.

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