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(영문) 부산고등법원 2019.05.15 2018노740
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year and six months.

(b).

Reasons

1. The summary of the grounds for appeal (the defendants) by the court below (one and half years of imprisonment for each of the defendants) is too unreasonable.

2. The Defendants abused the policies of the victimized company that make it possible for the victimized company to gain profits more than the already paid insurance premiums even if the insurance contract was terminated after the conclusion of the insurance contract until 24 months after the conclusion of the contract, thereby taking advantage of the policies of the victimized company that make it possible for the victimized company to obtain profits more than the already paid insurance premiums. Moreover, the Defendants provided special benefits to the policyholders through the law of large payment of insurance premiums which is strictly prohibited under the Insurance Business Act.

The Defendants’ crime is likely to undermine the reliability of the insurance system, deteriorate the debt soundness of the insurance company, such as the victimized company, while impairing the equity among policyholders, thereby causing economic damage to the majority of the general public.

The period of crime is relatively long-term, and the amount of damage is high, and the defendants' criminal liability is heavy.

However, the Defendants are all aware of the crime of this case and are against the law.

The substantial part of the profits gained by the crime of this case is used again for the payment of insurance premiums, etc., and the profits acquired by the defendants are not larger than the amount of the above fraud, and substantial part of the damage was recovered.

It seems that Co-Defendant C and D paid almost all the commission and policy costs that the Defendants received to the above Co-Defendant C, and substantial profits from the crime seems to be less.

The injured company is not negligent in monitoring and managing the authenticity of the insurance contract, the payment of fees, etc., thereby causing the occurrence and expansion of the damage.

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