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(영문) 서울중앙지방법원 2016.02.17 2015고단8164
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 12, 2016, the defendant was sentenced to 4 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud in Seoul High Court on February 12, 2016, and was working as an insurance designer belonging to KRB life insurance

1. The Defendant around November 15, 2013, at the KRB life insurance office located in Gangnam-gu Seoul, Gangnam-gu, 314, as Gangnam-gu Seoul, for the victim B, there is a lack of an amount of money to be paid in the victim B.

When lending money, 3% interest per month shall be paid, and the principal shall be repaid after three months.

“.....”

However, in fact, since the defendant's income received as an insurance designer should be paid as entertainment expenses and insurance premiums to attract insurance customers, etc., the actual income has not been much much, and even if he/she borrowed money from the damaged party, even if he/she has to pay money from the damaged party, he/she did not have an intention or ability to pay such money even if he/she borrowed money from the damaged party.

Nevertheless, on November 25, 2013, the Defendant had been transferred KRW 20 million to the industrial bank account in the name of the Defendant from the victim who caused such false statement.

Accordingly, the defendant deceivings the victim and was given KRW 20 million from the victim.

2. On December 26, 2013, the Defendant: (a) at the same place as indicated in paragraph (1) around December 26, 2013; and (b) at the same situation as described in paragraph (1), even if having borrowed money from the injured party, notwithstanding having no intent or ability to repay the money, the Defendant borrowed money from the injured party; (c) notwithstanding the absence of an intention or ability to pay the money, the Defendant applied for the cancellation of a contract, and (d) at the same time, the Defendant paid 20 million won interest per month by fully repaying the amount of money to KRW 20 million prior to the lapse of the refund amount.

“Falsely speaking,” and its affiliation on the same day from the injured party.

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