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(영문) 부산지방법원 2017.06.28 2017고단911
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

From August 2015 to March 2016, the Defendant served as an insurance solicitor at the location of the victim located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City.

The above branch is an insurance company that concludes a consignment contract with a number of insurance companies and sells insurance products, and when an insurance solicitor solicits insurance contracts, he/she has operated a business by receiving insurance solicitation allowances from the insurance company and deducting taxes and the profits of the victim company from the insurance company and paying them to the insurance solicitor.

On August 31, 2015, the Defendant submitted an insurance contract to E, who is the head of the branch office at the above point, pretended that F is the normal life insurance for the change of AI life and submitted an insurance contract.

The Defendant received KRW 3,845,111 from the victim company around September 25, 2015, through E, KRW 44,374,80,00 in total, as shown in the list of annexed crimes, as well as the Defendant received insurance solicitation allowances of KRW 3,84,11 from the victim company around September 25, 2015.

However, in fact, F et al. made an offer to believe the Defendant's promise to pay the insurance premium in lieu of the Defendant and did not have the intent or ability to pay the insurance premium normally. While the Defendant did not have any property at the time, the Defendant also did not have any obligation more than 60 million won and the insurance solicitation allowance paid by the victim company also did not have an intent or ability to pay the insurance premium in lieu of F et al. due to a difficult relationship with the economic situation, such as the need to appropriate the cost of the medical device sales business and the cost of living.

As a result, the defendant by deceiving E, received property from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Details of the withdrawal transactions, particulars of the conclusion of insurance contracts, notes, details of deposit transactions, requests for investigation cooperation, letters of requests for investigation, written subscription for insurance contracts, and each investigation report (the net 15 to 23).

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