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(영문) 서울중앙지방법원 2019.07.03 2019고단1970
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2016 to May 201, the Defendant served as an insurance solicitor of D Co., Ltd. (former E Co., Ltd. after the change) located in the territory of Ansan-gu B building C (former E Co., Ltd.).

1. Fraud;

A. A. Around January 15, 2016, the defrauded of the borrowed money: (a) borrowed funds from the above office on condition that the victim F, who operates the said office, serves for a 60-month period; and (b) if he retires before the borrowed money, he/she would immediately repay 120% of the borrowed money.

The purpose of this article was to make a false statement.

However, there was no idea that the victim's agency will work for a period of 60 months in the victim's agency, and it was dismissed without permission on June of the same year, and there was no other property than the fee collected while working as an insurance solicitor, and there was no intention or ability to repay the borrowed money even before the commitment period.

As such, the Defendant, by deceiving the victim, received KRW 4 million in total from the victim to the account in the name of the Defendant’s wife, including KRW 2 million around February 23, 2016, KRW 1 million around March 28, 2016, and KRW 1 million around April 29, 2016.

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

B. In the event that an insurance solicitor solicits a policyholder and concludes an insurance contract, the Defendant: (a) took advantage of the fact that the insurance company pays to the insurance solicitor an amount equivalent to 600-800% of the disposable premium of the concluded insurance contract within two to three months from the date of the conclusion of the insurance contract; and (b) paid to the insurance solicitor a fee in the name of the insurance company; (c) concluded the insurance contract under the name of the person or his/her family; and (d) paid the premium in lieu of two to three months; and (c) paid the premium in

Around January 2016, the Defendant entered into an insurance contract under the name of G with respect to the fact that the Defendant entered into an insurance contract under the name of G, and paid insurance premiums for two to three months, but the insurance contract should be terminated under the name of G.

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