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(영문) 서울중앙지방법원 2020.05.08 2019고합788
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2017, Defendant D was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) at the Seoul Central District Court on October 16, 201, and the said judgment became final and conclusive on October 2

【Criminal Facts】

1. Defendant A is the representative of the company E (hereinafter referred to as “stock company”) established for the purpose of selling insurance agencies and insurance financial products in Gangnam-gu, Seoul. Defendant B, as the chief of the headquarters of the above E, conspired to prepare an insurance subscription form and submit the insurance subscription form to the victim I Co., Ltd. (hereinafter referred to as “stock company name”) with a view to having an unspecified person pay the insurance premium by proxy and having the policy holders pay the insurance premium in a normal manner, and submitting it to the victim I Co., Ltd. (hereinafter referred to as “Co.”).

Defendant

A and B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around February 25, 2015, the Defendants directly borne the amount of KRW 997,500 per month insurance premium in the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and had the saidJ prepare an insurance subscription form and submit it to the victim I.

However, in fact, the above J does not directly pay the above insurance premium, but rather hear the explanation on the condition that the Defendants would pay the insurance premium on behalf of the insured and take out the insurance policy. Therefore, the Defendants thought to maintain the insurance contract only during the period of paying the insurance premium on behalf of the insured, and there was no intention to maintain the insurance contract while paying the insurance premium

The Defendants, as indicated in the attached Table 1, from February 2015 to April 2016, including the remittance of KRW 86,530,059 from the victim as the insurance commission on February 2, 2015.

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