beta
(영문) 서울중앙지방법원 2016.01.18 2015고단5882

사기등

Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

Defendants conclude a commission contract with the victim F Co., Ltd. (hereinafter referred to as the “victim”) that mainly engages in insurance solicitation business by concluding an agency contract with a domestic insurance company and engage in insurance solicitation business, and are also insurance solicitors who have engaged in soliciting policyholders.

The Defendants, as independent business operators, concluded an entrustment contract with the victimized Company as of September 21, 2012, Defendant D, Defendant B, and Defendant C, respectively, and Defendant A as of December 24, 2012, respectively, and agreed to faithfully comply with the terms and conditions of the contract with the victimized Company on the 25th day of the following month from the date when the victimized Company was subscribed to the insurance contract between the insurance company and the contracting parties by soliciting the insurance for the victimized Company. However, in the course of performing the insurance solicitation business, the Defendants agreed to comply with the relevant Acts and subordinate statutes, such as the Insurance Business Act, to maintain the soliciting insurance contract, and to return the paid allowances to the victimized Company, etc., in the event that the insurance contract is not maintained.

Defendants are entitled to a lump sum payment of an amount equivalent to 650% of premiums for the following month from the victimized Company in the name of their recruited persons, and are exercising active promotional events such as promising European travel in the victimized Company. Despite the prohibition of large payment of premiums for insurance policyholders or the insured pursuant to Article 98 subparagraph 4 of the Insurance Business Act, even if they are prohibited from paying premiums on behalf of their insured persons for a certain period of time, they can conclude the insurance contract from the victimized Company by allowing not only the insured but also those who have no intention to maintain the insurance to conclude the insurance contract under their names to conclude the insurance contract with the victimized Company.