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(영문) 수원지방법원 안양지원 2018.07.17 2018고단402

사기

Text

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

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

Reasons

Punishment of the crime

From March 2016, the Defendant served as an insurance designer at the victim case corporation located in Gangnam-gu, Seoul, the Haguero 306.

The Defendant, when attracting a new insurance contract, using the fact that the Defendant received insurance solicitation fees equivalent to eight to nine times the monthly insurance premium in the following month, concluded an insurance contract in the name of the insured without an intent or ability of the insured to pay the insurance premium, and paid the insurance premium in lieu of the insured, and, within three months after the conclusion of the insurance contract, attempted to become the victim company and receive performance fees by nullifying or cancelling the insurance contract using the “quality-Guarantee Call System” or the “quality-Guarantee Call System” or the “Act on the Suspension of Payment of Insurance Premium and the Lapse of Payment, etc., which

On May 31, 2016, the Defendant reported to the victim company as if C, a customer, had no intent or ability to pay a monthly insurance premium, and the Defendant had decided to pay a monthly insurance premium on behalf of the Defendant, but had concealed and completed the insurance contract with C, “hybrid early physical increase type 20 years” (monthly insurance premium of KRW 1,230,50, and Furden social life).

The Defendant received KRW 10,811,137 from the victim company as commission fees on June 24, 2016, and concluded an abnormal insurance contract through the same method 16 times from May 31, 2016 to July 31, 2016, and received KRW 96,096,486, in total as commission fees from the victim company three times from June 24, 2016 to August 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Each investigation report (to attach documents to be submitted in addition to the KFG, a suspect A and E, and a self-denunciation);

1. Application of the Acts and subordinate statutes concerning the amount of fraud, the statement of the complainant, and the amount of fraud that the suspect actually receives;

1. Criminal facts;