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(영문) 서울중앙지방법원 2019.08.09 2019고단306

사기등

Text

1. The punishment against the defendant A and B shall be imposed one year;

However, for two years from the date this judgment became final and conclusive, Defendant A, and .

Reasons

Punishment of the crime

Defendant

C On December 6, 2018, the Seoul Central District Court sentenced two years of suspension of execution to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment becomes final and conclusive on the 14th day of the same month and is still under suspension of execution.

Defendant

A and B jointly operated the insurance agencies of Defendant D Co., Ltd. (hereinafter referred to as Defendant Co., Ltd.) located in Gwanak-gu in Seoul Special Metropolitan City, and Defendant C was an employee in charge of the financial affairs and general affairs of Defendant Co., Ltd., and Defendant Co., Ltd was established for the purpose of selling insurance agencies

1. On May 2016, Defendant A, and B intended to establish and jointly operate an insurance agency of the Defendant Company, but it was difficult for the Company to operate due to lack of funds from the beginning of the business, Defendant A and B, upon entering into a life insurance contract through an insurance solicitation, concluded that an insurance agency would receive an amount equivalent to 1,100% of ordinary monthly insurance premium from the insurance company when entering into the life insurance contract through an insurance solicitation from the insurance company, and would make an unspecified person pay an insurance premium for a considerable period of time. On the other hand, Defendant A and B had the insured buy a life insurance contract under their names, and then had the policy holders directly pay the insurance premium, as if such policy holders directly paid the insurance premium, were to receive the fee from the victimized company by submitting the insurance subscription form to the FF Co., Ltd. (hereinafter referred to as the “victim”).

Defendant

A and B around August 31, 2016, at the office of the defendant company located in Gwanak-gu in Seoul Special Metropolitan City, prepared a life insurance contract of the damaged company in the name of the defendant company in the name of the defendant company B and submitted the insurance subscription form to the damaged company as if G intended to maintain the insurance contract by directly bearing the insurance premium.

However, in fact G is insured with explanation given to Defendant A and B on the condition that insurance premium is paid by proxy for one year from Defendant A and B.