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(영문) 울산지방법원 2016.04.15 2016고단213

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From February 2, 2014 to August 2014, the Defendant had the position of the head of the team and worked as an insurance solicitor at the name of the victim D Co., Ltd. at the south-gu Office C Building 907 at the port of port.

The victims are composed of several teams that sell insurance products through a consignment contract with multiple insurance companies. Each team is composed of the team leader and team members who are insurance solicitors, and each insurance solicitor has received new contract fees, insurance maintenance allowances, etc. at the time of entering into an insurance contract, and the team leader has operated the structure that additionally receives organizational fostering allowances, etc.

When concluding an insurance contract as above, the Defendant: (a) concluded a false insurance contract by lending the personal information of those who did not actually purchase insurance from the injured; (b) and (c) received each allowance by paying insurance premium on one-third only and effective payment.

On February 27, 2014, the Defendant: (a) drafted a false subscription for an insurance contract as if E, who is a branch of Master Marine Insurance, purchased a “ continuously received cancer” non-life insurance, 150,000, which constitutes a monthly insurance premium of modern marine insurance; and (b) submitted it to the employee in charge of the victimized person.

The Defendant received KRW 529,920 from the injured party on March 25, 2014, a total of KRW 71,23,446 in total from the injured party under the name of a new contract fee, insurance maintenance allowance, and organizational fostering allowance, as shown in the separate crime list, as if he/she concluded a general insurance contract by August 25, 2014 in the same manner as the annexed crime list, and received KRW 71,23,446 in total from the injured party on 102 occasions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the legislation on the payment of benefits and the payment of fees.