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(영문) 서울서부지방법원 2015.06.17 2014고단1170

사기

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the head of a branch office in (State) Inkinia E located in Mapo-gu Seoul, from May 14, 2013 to January 2014, and Defendant B was an insurance solicitor at the same point for the same period.

1. On May 14, 2013, Defendant A concluded a contract with the head of the insurance-listed company (ju), Skinia and the head of the business group and head of the headquarters (branch), which is an insurance company that performs insurance business as an agent for the insurance company with Sungdong-dong, Seoul, on behalf of the insurance company with 333-110, and promised to perform the conclusion of the insurance contract as an agent, intermediary, etc. under the above contract, and to receive the agreed commission, award, etc. from (ju) Skinia

Accordingly, on June 25, 2013, the Defendant entered into an insurance contract with the policyholder F to pay KRW 67,000 per month insurance premium with F, and entered into a total of 34 insurance contracts as shown in the attached Table 1, and paid insurance premium in the name of each policyholder at least two times through eight times in the name of each policyholder.

However, the above 34 insurance contracts concluded by the defendant, not the genuine contract concluded by the policyholders with the idea that they continue to maintain insurance contracts and pay monthly insurance premiums, but the defendant entered into a false insurance contract by lending only the name of policyholders and paying insurance premiums more than twice to the defendant's substitute. At the time, the defendant had several million won of personal debts, and it was possible for the defendant to start the business of the E branch without any particular capital and pay insurance premiums more than once. Thus, there was no intention or ability to continue to pay the next insurance premiums to prevent the termination or invalidation of the insurance contracts concluded by lending the above name.

Nevertheless, the Defendant is around F, etc.