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(영문) 제주지방법원 2020.04.24 2019고단2226

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2017, the Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Eastern District Court for fraud, and the said judgment became final and conclusive on May 11, 2018.

around December 28, 2016, the Defendant entered into a contract for the commission of insurance brokerage in Seocho-gu Seoul Metropolitan Government C (hereinafter “victim Company”) and worked as an insurance solicitor from January 5, 2017 to October 19, 2017.

The defendant is paid insurance contract fees from the victim company on the premise that the policyholders solicited by the defendant make a normal payment of insurance premiums, and where the policyholders do not actually have the intent or ability to pay insurance premiums, he shall not conclude insurance contracts.

Nevertheless, the defendant did not have the intent or ability of the policy holders to purchase a genuine insurance policy and to continue to pay the insurance premium, and the defendant did not have the intent or ability to pay the insurance premium to the policy holders in the early stage, the defendant did not have the intent or ability to pay the insurance premium to the policy holders. After concluding the insurance contract with the policy holders who do not have the intent to pay the insurance premium in the early stage, the defendant did not pay the insurance premium several times by deceiving the victim company as if the defendant had concluded the normal insurance contract, and received the fee when the insurance contract was concluded by deceiving the victim company as if the defendant had concluded

On January 26, 2017, the Defendant entered into a false insurance contract with a policyholder D (attached Form 1 No. 18), and KRW 3,495,550 in terms of contract fees, and KRW 4,302,962 in terms of contract fees, etc. by entering into a false insurance contract with a policyholder E (attached Table 1 No. 2), around February 28, 2017, and KRW 4,302,962 in terms of contract fees, etc. (contract fees No. 4,130,482 policy amounting to KRW 172,480).