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(영문) 서울북부지방법원 2019.05.16 2018고단1030
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is an insurance solicitor of the victim C corporation that performs insurance sales agency business on the Gangnam-gu Seoul building and the 9th floor.

When soliciting an insurance contract with the team leader D and E on March 2016, the Defendant: (a) made a false insurance contract by promising payment of insurance premiums to be paid from the victim to the insurance solicitor (8-9 times the monthly payment) in the month following the month in which the insurance contract date belongs; (b) made a false insurance contract by lending the name to the branch in a short period; (c) made a false insurance contract by means of cancelling the insurance contract within a certain period after the conclusion of the insurance contract; and (d) made a solicitation to obtain money from the victim as insurance commission by means of cancelling the insurance contract using the “quality Guarantee Call System” which can cancel the insurance contract within a certain period of time and receive the full amount of the paid

Around March 31, 2016, according to the above public offering, the Defendant entered into a contract with G in the name of customer F in the victim’s office to purchase the insurance product “H”.

However, even if the Defendant subscribed to the insurance in the name of F, the Defendant did not have any intention or ability to enter into the insurance contract in a normal manner because it was thought that the Defendant would cancel the insurance contract while paying the paid-in premium for a certain period of time under a false contract borrowed from F on the condition of paying the premium.

Around April 25, 2016, the Defendant conspired with D and E, by deceiving the victim as above, and received KRW 5,617,212 from the I Bank account (J) in the name of the Defendant in the name of the Defendant, as a fee for soliciting insurance. From that time until August 25, 2016, the Defendant received KRW 218,193,480 in total as a fee for soliciting insurance from the victim 26 times in total as shown in the attached crime list from August 25, 2016.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. 4 times;

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