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(영문) 부산지방법원 2013.04.24 2012고단5808

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, who worked as an insurance solicitor at the “C” corporation located in the victim B in the Dong-gu Busan Metropolitan City, and when concluding an insurance contract at the victim company, had the victim company paid allowances in lump sum, had the intention to purchase the insurance and had no ability to maintain the insurance.

On June 16, 2011, the Defendant signed an insurance contract for Samsung Bio-stock Co., Ltd. which constitutes Samsung Bio-stock Co., Ltd., which constitutes KRW 518,810 and KRW 518,810, to D, who did not have an intention to buy an insurance contract at a non-place.

The Defendant submitted a written contract as above at the office of the victim company at the same time and asked the victim company to submit a written insurance contract with 51 persons who have no intent to maintain insurance from March 25, 201 to August 31, 201, including deceiving the staff in charge of the victim company as if it were an insurance contract which was concluded normally.

Around April 18, 201, the Defendant, by deceiving the victim company as above, received KRW 1,00,000 from the victim company to the national bank account under the name of the Defendant in the name of the victim as an allowance for insurance coverage, and acquired the money by remitting KRW 76,291,261 under the same name, such as the statement in the attached list of crimes.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. A complaint;

1. To apply a detailed statement of the refund of fees, a copy of an application for insurance, a copy of business guidelines, and a list of policyholders;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;