beta
(영문) 수원지방법원 안산지원 2016.03.30 2015고단1176

사기

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, the sequence 1 to 13, 16, 17, 19, 22.

Reasons

Punishment of the crime

From July 2010 to May 201, 201, the Defendant: (a) abused the prior payment system that pays a certain portion of solicitation fees to insurance contracts solicited by insurance solicitors, and quality guarantee system, which is the refund system of insurance premiums due to incomplete sales of insurance products, from the perspective of insurance solicitors, the Defendant was willing to receive performance rates and obtain them by fraud.

On September 29, 2010, the Defendant entered into an insurance contract with the insured contractor F to pay KRW 549,600 per month insurance premium for each insurance product, and entered into a total of five insurance contracts by November 30, 2010, as described in [Attachment] Nos. 14, 15, 18, 20, and 21 as stated in [Attachment] Crimes List Nos. 14, 15, 18, 20, respectively.

However, the case of the above insurance contract concluded by the defendant is not a true insurance contract that the insurance contractor concludes the insurance contract and decides to pay the monthly insurance premium properly, but the defendant borrowed only the name of the insurance contractor to receive the advance payment fee, and the defendant was thought to cancel the insurance contract on the ground that the insurance premium of each of the above insurance contracts was actually paid several times, and the quality guarantee was terminated.

Nevertheless, the Defendant, at the 4th floor of the Gangdongdong branch in Gangdong-gu Seoul Metropolitan Government, concluded an insurance contract for life, etc. from insurance customers, such as F, etc., to the victim, who is the head of the said branch office, and obtained the total amount of KRW 3,659,420 from the victim in the name of the insurance solicitation allowance, including the receipt of KRW 3,659,420 in total from the victim in the name of the insurance solicitation allowance, and acquired the money by obtaining KRW 39,057,616 in total five times until November 30, 2010 as indicated in the attached crime list Nos. 14,15,18,20, and 21.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and H;

1. Fact-finding certificate (F);

1. The complainant;