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(영문) 수원지방법원 2014.06.11 2014고단584
사기
Text

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

Reasons

Punishment of the crime

The defendant was working as a global insurance solicitor Co., Ltd. with the second floor of the building B in Jinju, and the victim D is the head of the above branch office.

After concluding an insurance contract, the Defendant was able to take out an insurance contract by lending the name of the person who did not have the intention or ability to maintain the insurance contract in a normal manner, using the fact that the insurance premium is paid at least once when paying the insurance premium, and received the allowance according to the conclusion of the insurance contract and acquired it by fraud.

Around February 28, 2013, the Defendant submitted an application for life insurance contract of KRW 401,70,00, to an employee in charge of the above branch's name as if it were an insurance contract that was normally concluded with the Defendant, at the foregoing global deposit Korea Co., Ltd., Ltd., and as a policy holder, the Defendant received KRW 41,251,30,301 in total on 28 occasions from July 31, 2012 to February 28, 2013, by deceiving the victim by means of paying once insurance premiums, and received KRW 1,357,187 as allowances from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. A statement of payment of each commission, each certificate of payment, each document related to the suspect, and a statement of account transactions in which the suspect received a benefit, from August through December 2012, and from January through May 2013;

1. Application of Acts and subordinate statutes to investigation reports (the details of account transactions in which allowances are paid to suspects) (the calculation of damages) and investigation reports (the calculation of amounts of compensation);

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the sentencing of sentence of sentence chosen for imprisonment [the scope of recommending punishment] general fraud [the grounds for sentencing of sentence ] has no basic area (6th to 100 million won) (6th month) [the decision of sentencing] [the decision of sentence] the methods and contents of the crime committed in August 8, are inferior, and the total amount of deceptive money is unreasonable, but it is disadvantageous to the fact that it has not been repaid at all.

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