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(영문) 서울남부지방법원 2021.03.09 2020고합483
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Victim B Co., Ltd. (hereinafter “victim”) is a company that concludes a consignment contract with a large number of insurance companies and sells insurance products, and the Defendant is a person who actually operates the victim E branch in Gangnam-gu Seoul Metropolitan Government and the third floor D.

When the defendant concludes an insurance contract, he concluded an insurance contract by lending the name of the defendant's will and the insurance designer by using the fact that a certain amount of insurance solicitation commission is paid from the victim company as allowances, and paid the insurance premium in lieu of the insurance premium, and received the allowance from the victim company.

1. Around October 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) prepared a written subscription for the insurance contract of G’s “H insurance” with the name of F lent at the victim E branch office of the E branch office of the victim company as if the F would normally enter into an insurance contract, and made it known the victim company of the purchase of the insurance by entering the contract into the G computer network.

However, in fact, after the defendant decided to pay insurance premiums on behalf of the defendant in order to receive insurance solicitation fees, the insurance contract was concluded by lending the name of F, and the F did not have the intention or ability to maintain the insurance contract normally.

Nevertheless, the Defendant, as seen above, received KRW 9,407,451 from the victim company to receive insurance solicitation commission fees from the victim company and received KRW 9,407,451 as well as from October 13, 2017 to January 29, 2019, totaling KRW 1,276,681,242 as insurance solicitation commission fees from the victim company from October 13, 2017 to January 145.

2. Any person engaged in the conclusion or solicitation of insurance contracts violating the provisions of insurance business Act shall make special benefits to the policyholders of insurance or the insured by means of the payment, etc. of premiums on behalf of the policyholders of insurance or the insured in connection with their decision or solicitation; and

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