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(영문) 대전지방법원 2016.01.13 2015고정951

사기등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 31, 2012, the Defendant provided special benefits to each insurance contractor in relation to the conclusion of the insurance contract by paying the total amount of KRW 9,353,040 to each insurance contractor up to 64 times until December 31, 2013, including the payment of KRW 50,000 insurance premium under the name of the insurance contractor C, in large amount of KRW 1206 insurance premium under the name of the insurance contractor C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A criminal investigation report (Submission of a detailed statement of suspect's allowances and deposits and withdrawals of bankbooks for insurance payment);

1. Application of Acts and subordinate statutes to a detailed statement of payment of insurance premiums;

1. Article 202 subparagraph 2 of the relevant insurance business, the selection of punishment, and Article 98 subparagraph 4 of the Act (including the provision of special benefits related to the conclusion of an insurance contract, and the provision of special benefits related to the conclusion of an insurance contract, and each insurance contractor), and the selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant who was not guilty of the charge under Article 334(1) of the Criminal Procedure Act is a person who served as an insurance designer at the F Co., Ltd. office for the victim D in Daejeon Sung-gu E and the fourth floor from December 13, 2012 to March 2, 2014.

In fact, the Defendant was unable to enter into an insurance contract normally in a difficult place with relatives, relatives, etc., and concluded an insurance contract under the name of the person, etc. on the condition that he paid the insurance premium on behalf of him, and was able to obtain the commission from the damaged person by submitting the relevant insurance document, etc. to the victim as if he entered into an insurance contract normally.

The Defendant, at the F Co., Ltd. office on January 25, 2013, under the name of F Co., Ltd. office, entered into an insurance contract with the same fire cover cover 1206, and in fact C actually entered into the said insurance contract and paid a normal insurance premium.