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(영문) 인천지방법원 2013.06.18 2012고단9728
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around April 15, 2009, the Defendant made a false statement to the effect that “The Defendant, at the home of the victim C, the Seocho-gu Seoul Metropolitan Government DD DD building A, “I will pay back money within 2-3 days if I want to pay money if I want to pay money if I want to pay money if I want to pay money if I want to do so. I want to pay it.”

However, the fact was that the secondhand goods operated by the defendant were in a situation where the defendant did not pay taxes, and there was no intention or ability to pay taxes even if the defendant borrowed money from the victim because there was no particular property in the defendant's name.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, i.e., remittance from the victim, and was issued KRW 30,00,000 in total three times from that time to May 4, 2010, as shown in the attached Table Nos. 1 to 3.

2. The Defendant served as the victim’s insurance solicitor from December 2, 2008 to November 201, 2010, and the Defendant, as the victim’s life insurance company, managed the insurance contract to which the victim was enrolled, as stated in paragraph (1) of this Article.

On May 4, 2009, the Defendant: (a) stated that there is a passbook and security card to pay interest on the money borrowed from the above C’s house as described in paragraph (1); and (b) received the agricultural bank passbook and security card from C and kept it; (c) around May 8, 2009, the Defendant deceptioned the Defendant to the employees in charge of telephone call center with the victim’s call center as if C; and (d) received from the victim a loan of KRW 18,373,159 from the terms and conditions of insurance in the name of C.

However, the defendant has obtained consent to receive the termination refund of insurance purchased from C, receive the terms and conditions loan, or receive the installment insurance money.

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