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(영문) 서울남부지방법원 2018.10.30 2018고단485

사기

Text

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

Reasons

Punishment of the crime

In order to raise funds to repay debts, the Defendant: (a) concluded an insurance contract in the name of the Defendant without the intention to maintain the insurance contract together with the above B; (b) concluded the insurance contract in the name of the Defendant with the fact that he/she is an insurance solicitor at the point of the victim D Co., Ltd. (the suspension of indictment on October 31, 2017) located outside of the instant case B (the suspension of indictment on October 31, 201) and

On June 25, 2015, the Defendant subscribed to the “H life insurance” of the insurance company G in its name through B at a branch office office of D Co., Ltd., Ltd., the second floor of the F Building in the F Building at the time of a grace period, through B, and deceiving the victim as if he/she were to maintain it, and deceiving the victim as if he/she were to maintain it.

7. Around 25.22,59,815 won was remitted to the I Bank Account (Account Number J) opened in the name of B as a performance fee, and was insured in the name of the Defendant three times on the same day, such as the statement in the list of crimes attached hereto, and was remitted to KRW 28,748,985 in total as a performance fee.

Accordingly, the defendant, in collusion with B, acquired 28,748,985 won from the injured party by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the police and the interrogation of suspects by the prosecution with respect to B;

1. Statement made to K in the police statement;

1. Recording notes, or written application for each insurance contract;

1. A reply to an inquiry into insurance and credit information;

1. A report on investigation (Attachment of a statement of payment completion) and a statement of payment of fees;

1. Investigation reports (attached details of financial transactions) and details of financial transactions;

1. On 1. Investigation Report (K Interview), B’s career certificate, criteria for collection of fees, and the list of the status of the case of high-amount contract [the defendant denies the criminal intent to acquire by deception, but in full view of the above evidence, the defendant was willing to acquire the commission according to the solicitation of insurance without the intention to maintain the insurance contract, and accordingly, to commit the crime.