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(영문) 제주지방법원 2020.06.18 2019고단2049

사기등

Text

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

except that 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

The Defendant, from March 15, 2018 to September 1, 2018, was engaged in soliciting insurance contracts as insurance solicitors of the C & Busan Branch Co., Ltd. in Busan Metropolitan City, Busan, Busan, Busan, from March 15, 2018.

1. No person engaged in the conclusion or solicitation of insurance contracts in violation of the Insurance Business Act shall provide a policyholder or the insured or promise to provide a policyholder or the insured with special benefits, such as the substitute payment of premiums, in connection with the conclusion or solicitation thereof;

Nevertheless, around May 26, 2018, the Defendant offered special benefits by soliciting policyholders over 12 times in total from around June 30, 2018, including the following: (a) promising D to pay monthly insurance premium of KRW 983,600 to pay monthly insurance premium of KRW 983,60; and (b) paying twice insurance premium; and (c) paying monthly insurance premium of KRW 1,200; and (d) paying monthly insurance premium of KRW 1,200; and (e) paying monthly insurance premium of KRW 2049; and (e) paying monthly insurance premium of KRW 1,200.

2. The Defendant, from May 26, 2018 to June 30, 2018, recruited policyholders, such as D at the Busan Branch of the said C Co., Ltd. to be in charge of the payment of fees to the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) from May 26, 2018 to June 30, 2018, was prohibited from soliciting policyholders with no intent to purchase the relevant insurance policy and paying premiums in advance without paying the premiums. After paying the Defendant’s insurance premiums on behalf of the policyholder, the Defendant was aware that there is no possibility that the policyholders would continue to maintain the relevant insurance, by promising the policyholders to pay monthly insurance premiums one to two times in advance, and by pretending the fact that the policyholders were recruited and the policyholders were recruited in charge of the payment of fees to the victim C Co., Ltd. (hereinafter “victim’s insurance company”). From May 28, 2018 to July 17, 2018 to receive KRW 549,411 from the victim.

Any person of "2019 Highest 2643".

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