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(영문) 부산지방법원 2012.11.05 2012고정1004

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while working as an insurance solicitor of the victim Mtsts Fire and Marine Insurance Co., Ltd., took up as if he were insured by stealing the name of a person who was aware of that person, and received allowances from the victim company.

1. On July 22, 2011, the Defendant forged a private document, or the uttering of the above investigation document, entered the subscription form in “E”, “F”, “G”, and “B” in “B” and “B” column in the address column stored on the computer to submit the insurance company as if the contract was concluded, at the office office of the 9th floor of the Busan Jin-gu Busan Metropolitan City C building, Busan, and issued to the receiver a forged subscription form as if the contract was duly completed.

Accordingly, the defendant, for the purpose of exercising his authority, forged the F's application for non-dividend and comprehensive insurance in F's name, which is a private document on rights and obligations, and exercised it.

2. The Defendant, at the same time and place as referred to in the preceding paragraph, submitted to the victim Mtsts Fire and Marine Insurance Co., Ltd., as if he/she had duly prepared an insurance subscription, at a time and place in the same manner as referred to in the preceding paragraph, to which he/she belongs, is an allowance for the said insurance contract from the victim as an allowance for the said insurance contract; the same year.

9. The sum of KRW 117,600, including KRW 58,800, was delivered.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of examination of the witness to the F;

1. Copy of matters to be known prior to the contract, copy of long-term insurance premium receipt, copy of insurance subscription form, and statement of A income;

1. Application of Acts and subordinate statutes to investigation reports (investigation into Insurance Allowances);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 of the Criminal Act, the choice of criminal facts, the choice of punishment (the act of using a private document), and Article 347 of the Criminal Act