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(영문) 창원지방법원 마산지원 2017.09.20 2017고단338
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was a person who worked as an insurance designer in the insurance corporation E-based corporation operated by the victim D located in Changwon-si, Changwon-si, Changwon-si from September 2010 to May 201, 201.

While working in the above company, the defendant agreed with the victim to receive fees according to the performance when the total amount of the monthly insurance premium paid by the customer of the insurance contract who entered into the above month exceeds a certain standard by aggregating the total monthly insurance premium paid by the customer of the insurance contract.

Accordingly, on October 2010, the Defendant concluded 12 insurance contracts (total monthly insurance premium totaling KRW 1,723,290) at the office of the said company on September 2010 with a false statement to the effect that “The Defendant would pay fees according thereto.”

However, in fact, the defendant entered into an insurance contract under his name upon the request of relative relatives and relatives, and the defendant paid the insurance premium to him, and it was thought that he would cancel the insurance contract after receiving the fee according to the above performance. In fact, the defendant did not intend to enter into an insurance contract by inviting customers to enter into the insurance contract.

The Defendant, as above, received KRW 8,50,930,00 from the injured party by deceiving the injured party as above and then transferred KRW 48,905,769 in total from around September 26, 201 to the Nonghyup Bank under the name of the Defendant, under the pretext of fees for concluding the insurance contract in September 2010. From around that time to March 31, 2011, the Defendant transferred KRW 48,905,769 in addition to the list of crimes in the attached Table.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. An investigation report (a document attached to a complainant; excluding a document submitted by F; excluding a document submitted by the complainants); an investigation report (a contractor’s family relation certificate, etc.); an investigation report (a policyholder’s attachment); and an investigation report (a statement of account transaction which is a complainant) / (a) the Defendant asserts that there was no false insurance contract concluded for the purpose of defrauding

1. 70 cases of insurance contract which the defendant has entered into while on duty.

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