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(영문) 전주지방법원 2019.10.24 2019고합173
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence1 through 15, 17, 18 shall be forfeited from the accused.

Reasons

Punishment of the crime

From June 2014, the Defendant served as an insurance solicitor in the victim C (main) in the 5th floor in the 5th floor in the B building in the B building in the front city from around the front city.

The Defendant, taking advantage of the fact that an insurance solicitor recruits a customer and concludes an insurance contract and a customer receives fees from an insurance company each time when the customer pays insurance money each month, intended to subscribe to life insurance with a relatively higher fee out of the insurance products to a third person who has no intention to conclude an insurance contract, and to obtain fees by means of cancelling the said insurance contract upon the lapse of a certain period after paying all or part of the insurance premiums on behalf of the Defendant.

On August 24, 2018, the Defendant concluded an insurance contract with the Defendant to pay KRW 1,064,400 per month insurance premium for “G” goods sold in E and F for twenty years.

However, as the Defendant borrowed the name from E without the intention to conclude the insurance contract and planned to terminate the insurance premium after paying it for two years, and to receive the refund money for termination, the Defendant did not intend to pay the insurance premium while maintaining the insurance contract normally.

Ultimately, the Defendant, upon entering into a false insurance contract with E as above, submitted the insurance contract document prepared formally to the victimized company and received KRW 10,680,189 according to the insurance contract by deceiving a person in charge of the name and incompetence of the victimized company as if the said contract remains normal and continuous, and received KRW 10,680,189 according to the insurance contract from July 25, 2016 to February 26, 2019, and received KRW 110 times in total as shown in the attached crime list from July 25, 2016 to February 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1.J, E,K, L, M, N, P, P, Q, R, T, U, V, W, X,Y, Y, ZB, AC, AE, AE, AF, AH, AI, AJ, AJ, AK, AL, AL, AM, AM, APE, AP, AP, AP, AS, ATS, ATS, AS, AV, AV, AX, AY, AY, BB, BC, BD, BD.

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