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(영문) 서울남부지방법원 2021.02.09 2020고단5309

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On June 10, 2020, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud at the Changwon District Court’s common support, and the judgment became final and conclusive on the 18th of the same month.

[2] The Defendant entered into an insurance designer commission contract with the victim B Co., Ltd. for a period of 36 months from January 8, 2016, and concluded an insurance designer commission contract with the said victim company for 60 months again on December 28, 2018 and served as an insurance designer at the 9th floor of the victim company located in the building C at the 9th floor.

1. On December 2016, the Defendant, under the pretext of the principal of the settlement site, is obliged to renew the insurance designer commission contract to D, who is the head of the victim company’s macro-branch office at the same branch office and office of the said victim company.

A false statement was made to the effect that the current situation where money is insufficient, and the performance has been good and will work for the future five years, so that it would change the settlement subsidy.

However, as the Defendant had to pay the insurance premium that was subscribed to under another’s name at the time, the Defendant was liable for the amount of KRW 200 million, and even if the Defendant had no intention or ability to return the settlement subsidy even if he did not have any intent or ability to return the settlement subsidy, since there were many false records, such as that only 24 out of 303 insurance contracts concluded from January 2016 to December 2018 were maintained normally and that the contract maintenance rate remains at 7.9%.

The Defendant, by deceiving D as such, received 20,000,000 won from the victim company as the principal on December 28, 2018 under the name of the principal on the settlement date, from the victim company to the E bank account under the name of the Defendant.

2. The Defendant is an insurance designer of the victim B, a company from January 8, 2016.