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(영문) 대전지방법원 2014.10.15 2014고단2703

사기

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

K, as a continuous person, was aware of the victim N in 10 years, and the defendant A was an insurance solicitor in the past, and was aware of the relationship between the defendant K and his customer. The defendants consulted that the above victim was not paid 20 million won of the maturity insurance money to the defendant K, which was introduced by the defendant Eul, who was an insurance solicitor of the defendant Eul, and had been assisted by the defendant Eul to receive 20 million won of the insurance money from the defendant Eul. The victim knew that the victim was holding 20 million won of the pension insurance premium of the victim and conspired to receive 20 million won of the above insurance premium of the pension insurance premium of the victim. On June 8, 2012, the victim recommended the victim to purchase the pension insurance policy of the victim in the residence of the victim in O, and the defendant knew that the above victim was not paid 20 million won of the insurance premium of the victim, and the defendant deceiving the victim by making the victim subscribe to the insurance contract of the "B insurance policy of the victim in the way of paying the insurance premium of the victim."

However, even if the Defendants received insurance premiums of KRW 20 million from the victim in a lump sum, the Defendants deceiving the victim as above even though they did not have intent or ability to subscribe to the same part of life annuity insurance, such as the content of the pension policy and the contract subscription form, and then received KRW 20 million from the Nonghyup Bank (Account Number P) in the name of the J managed by the Defendant A, thereby deceiving the victim by deceptioning the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the N in the police station;

1. Receipts:

1. Insurance subscription form;

1. Subscription plans;

1. Application of statutes on details of financial transactions;

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts; and