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(영문) 수원지방법원 안양지원 2017.09.22 2017고단1061

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a team member of the insurance designer team managed by D. Around February 3, 2014, the Defendant entered into an insurance designer commission contract with the victim E, a company that sells insurance products of all insurance companies during the city around February 3, 2014, and sold insurance products in the name of the said victim company, and D entered into an entrustment contract with the victim company so that insurance products can be sold in the name of the victim company as a manager who manages the insurance designer like the above Defendant.

Upon entering into an insurance contract in the name of the victim company, the defendant and D knew that the victim company would pay the contingent fees in advance in the following month, and concluded an insurance contract with those who do not intend to buy an insurance or maintain an insurance, and paid the contingent fees to the D account. The insurance subscribers' insurance premiums were to be paid in advance from the D account.

In accordance with the above public offering, the Defendant: (a) purchased a new future design life insurance in F’s name with the consent of F, one’s own relative relative, even though the Defendant did not intend to maintain the insurance contract; (b) deposited money equivalent to the insurance premium in F’s account from D’s account (Corporate Bank G) into F’s account; and (c) made the said insurance premium paid on three occasions; and (d) did not pay the insurance premium on May 1, 2015; and (e) made the said insurance invalid on or around May 1, 2015.

Nevertheless, as if the above insurance contract was concluded normally, the defendant submitted an insurance subscription to the victim and received 3,412,224 won from the victim's account under the name of the defendant around February 25, 2015 (Korean bank I) from the victim and received 3,412,24 won from the victim, and entered into 11 paper insurance contracts from December 31, 2014 to January 30, 2015 as shown in the separate crime list, and received a total of 52,359,761 won performance fee from the victim company.

Accordingly, the defendant conspireds with D.