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(영문) 서울동부지방법원 2016.01.28 2015고단1820

사기

Text

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

Reasons

Punishment of the crime

"2015 Highest 1820"

1. The Defendant is a person who worked in “D” as an insurance agent operated by C from November 2013 to September 14, 2014.

On June 27, 2014, the Defendant: (a) reported to the effect that “Around June 27, 2014, at the above D Company’s office located in the third floor of Seocho-gu Seoul Metropolitan Government E building, entered into a CEO premium regular insurance contract, which is an insurance product of F representative G and KDB life insurance company,” and (b) ordered C to file an application for payment of insurance fee with the victim KRB life insurance company.

However, in fact, the Defendant, while selling the above insurance products to G, has verbally added the condition that FF would be able to obtain loans from the Government while selling them, but did not grasp the terms and conditions of loans accurately, so it is unclear whether to maintain G insurance contracts or not. As such, the Defendant did not have any intent or ability to maintain G insurance contracts normally even if receiving insurance fees from the victim company.

Nevertheless, in order to receive performance fees from the above D Company, the defendant deceivings the victim company through such a C, and let the victim company deliver 21,148,456 won to the above D Company as the number of insurance contracts around July 2014, and let the third party deliver the property.

"2015 Highest 2606"

2. On April 23, 2013, the Defendant told the victim I to pay the profits if he/she invested KRW 1,00,000,000 in the Defendant’s office located in the H7th floor in Gangdong-gu Seoul Metropolitan Government.

However, in fact, the defendant did not have the intent or ability to pay the profit by investing in the investment product only when he/she thought that he/she will receive money from the damaged person in terms of personal debt, fine payment, etc.

Nevertheless, the defendant is identical to this.