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(영문) 수원지방법원 2018.11.14 2017고단7085
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 20, 2016 to April 2017, the Defendant served as an insurance designer at the same number of original points of the victim B (hereinafter referred to as the “victim”), and promised to enter into an insurance contract with the said victimized company to act as an agent or intermediary for the conclusion of the insurance contract in accordance with the said contract, and to receive an agreement fee and allowance from the victimized company, such as insurance solicitation commission, other commission, policy expenditure, etc.

On July 7, 2016, the Defendant entered into an insurance contract with a policyholder C and an insurance private person D's D's insurance contract with payment of KRW 517,140 per month insurance premium, and entered into a total of 81 insurance contracts as shown in the list of crimes in the attached Table, and paid insurance premium one to the damaged company in the name of each insurance contractor at least six times.

However, the above insurance contract that the defendant concluded was not a true contract that the insurance contractor continued to maintain the insurance contract and properly pays monthly insurance premiums, but a false insurance contract that the defendant concluded by lending only the name of the insurance contractor in order to receive agreed fees, allowances, etc. and concluded in the manner that the defendant pays the insurance premiums more than six times at one time.

Nevertheless, the Defendant entered into a total of 81 insurance contract by lending the name of the Defendant and the name of the branch, such as C, and reported the content thereof to the victimized company. Accordingly, on August 27, 2016, the Defendant received KRW 3,741,726 from the victimized company as a result of the insurance contract for C on August 27, 2016 and received KRW 160,769,678 in total in the name of the insurance solicitation commission, as shown in the separate crime list, from March 27, 2017.

As a result, the defendant was delivered 160,769,678 won by deceiving the damaged company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A copy of the FC Commission agreement;

1. A copy of a certificate of transfer confirmation;

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