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(영문) 광주지방법원 2021.01.14 2020고단170

사기

Text

A defendant shall be punished by imprisonment for one year.

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

From October 2014, the Defendant, from around October 2014, worked as a branch office of the Victim B Co., Ltd. (hereinafter referred to as “victim”)’s (hereinafter referred to as “Co.”), received fees and policy funds from the victim Co., Ltd., in accordance with the relevant provisions of partnership, when concluding an insurance contract, on consignment of insurance products that the victim Co., Ltd. and affiliated with several insurers, and received.

When the victim company was audited by the victim company on December 2017 and was subject to measures such as subscription to new insurance and restriction on monthly performance results, etc., the defendant prepared a document with the fact that the insurance contract solicited by the above non-indicted branch by lending another person's name was recruited at the host branch of the victim company C branch of the victim company, and submitted the fee, etc. to the victim company and received it by return in cash through D, which is the head office of the above host branch, and around that time, the above D used the insurance solicitation code of the non-indicted branch office which is difficult to prevent the audit of the head office, and changed the use of a new insurance solicitation code of theme branch office which is to be used and managed. Accordingly, if the fee was collected from the head office, it would be changed to the low-income unit in cash, and obtained the above D's approval.

On January 26, 2018, the Defendant entered the insurance policyholder G insurance contract case under the name of the policyholder G in the insurance designer F in the insurance design office located in Gwangju Mine-gu, Gwangju, into the above wooden branch code and submitted it to the victim company, as the Defendant recruited at the above wooden branch code.

However, the above insurance contract is not solicited at a wooden point. The above insurance contract under the name of the above G is borrowed only in the name of the above G from the person who did not intend to maintain the insurance contract. The defendant is the most advanced payment as if he had concluded a normal insurance contract by maintaining the contractual relationship to pay the insurance premium in lieu of the above G for a certain period.