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(영문) 대전지방법원 2017.02.14 2015고단2563
사기
Text

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

However, 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

1. During the crime, the Defendant, as an insurance designer, received the amount equivalent to approximately 400 to 600% of the premiums from an insurance agency as a solicitation fee if he/she has paid the said premiums once, and, if the premiums of the said insurance contract have not been paid more than 13 times, requested to lend personal information, etc. necessary for the insurance contract to the other party who does not intend to conclude or maintain the insurance contract and request the return of the premiums, using the fact that there is time interval between the payment of the commission and the return thereof. The Defendant intended to cancel the insurance contract without paying the initial premiums of the insurance contract that was concluded in his/her name and receive the solicitation fee by means of withdrawing the insurance agency from the insurance agency.

2. The defrauded against the Victim C is a person who worked as an insurance designer at an agency operated by the Victim C, in Seo-gu, Daejeon, Daejeon, from August 2, 2012 to May 2013, 2013, by the victim C, as an insurance designer.

From August 8, 2012 to May 9, 2013, the Defendant: (a) entered into an insurance contract by lending the name from the third party, such as one copy of the attached list of crimes (except for the period from 18 to 22, 25 to 28, 47, 52 to 54 at a moment; and (b) deceiving the victim by means of invalidation, such as entering into the insurance contract by formally paying the insurance premium; and (c) received a total of KRW 18,620,326 from the damaged person as a commission for solicitation for 49 times in total.

3. The Defendant, against the victim F, was an insurance designer at the Daejeon U.S. G and H agency run by the victim F from April 22, 2013 to August 30, 2013.

Around June 7, 2013, the Defendant was a branch at the above H agency office.

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