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(영문) 서울서부지방법원 2016.06.28 2016고단224

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2013, the Defendant knew that the Defendant would pay performance fees according to the insurance solicitation performance of the insurance designer, and suggested that “the Defendant would deliver the relevant performance fee to the Plaintiff Company B, which was aware of the fact that the Defendant would be paying performance fees to the Plaintiff’s insurance designer B” to the Plaintiff Company B, which was aware of the fact that the Defendant accepted the above B’s acceptance, by lending only the name of a person who did not intend to subscribe to the insurance, and subsequently, had the Defendant subscribed to the insurance by lending it to the name of a person who did not intend to subscribe to the insurance. After paying the initial insurance premium on behalf of the Defendant, the Defendant would be able to obtain the outcome fee by pretending the normal insurance contractor

On December 26, 2013, the Defendant submitted the victim company D branch office in Seodaemun-gu Seoul, Seoul, through the victim company’s insurance design Plaintiff’s insurance design Nonparty B, and had sold the insurance products normally. However, the Defendant was merely allowed to lend the name only, and there was no intent to subscribe to the insurance. The Defendant was thought to terminate the insurance immediately after the Defendant received the performance fee by paying the initial insurance premium on a large basis.

The Defendant, by deceiving the victim company, received 3,660,370 won from the victim company to receive insurance solicitation fee in the above E name through the victim company B around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Copy of each protocol concerning the examination of suspect B or F of the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of case records filed by witnesses);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Act on the Suspension of Execution (the first offender who has no criminal history, the damage of this case is not very significant, and one million won as a repayment for damage) of the Criminal Act.