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(영문) 인천지방법원 2012.11.30 2012고정2040
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 1, 2011 to December 20, 201, the Defendant worked as an insurance counselor of the Victim (State) Dong Fire Insurance Co., Ltd. and the C agency that entered into a contract with the insurance agency, and sold insurance products of the Victim.

Although the Defendant was aware that the insurance contractors listed in the attached list of crimes did not actually intend to purchase insurance, and the insurance contract will not be maintained after the payment of insurance premiums once, the Defendant, on July 11, 2011, by calls to E at the business center of the 12nd floor C insurance agency of the D Building in Jung-gu Seoul Metropolitan Government, to E, thereby inducing the victim to enter into the health insurance contract of 100 non-payment prodex amounting to 29,500 won monthly paid-in premiums, thereby deceiving the victim and receiving 36,875 won from the victim as fees following the conclusion of the insurance contract on August 25, 2011, and from the same day, by deceiving the victim by the same method until December 25, 2011, received 32,963,902 won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to accusation, payment insurance premiums by contract, details of deception of fees, and output of e-mail;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the victim did not have any error because he/she had the victim's silent.

However, the witness G who worked as the head of the victim and managed the result of the C agency’s insurance policy is to the effect that “G” in the court of law that “G is unaware of the fact that the insurance counselors, such as the Defendant, etc., enter into an insurance contract with those who have no intent to actually purchase the insurance contract with the knowledge that the insurance contract they concluded is not maintained after only one insurance premium was settled.”

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