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(영문) 서울남부지방법원 2013.09.11 2013고단898
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has served as an insurance solicitor in the victim C for about six months from January 25, 2012 to July 2012.

On January 25, 2012, the Defendant concluded a contract with C and insurance solicitors on the 7th floor of the D building in Sung-nam-si, Sung-gu, Sung-gu, Seoul, and promised to perform the duties of acting as an agent and intermediary for concluding an insurance contract in accordance with the said contract and to receive the agreed commission, award fee, etc. from C.

Accordingly, on January 31, 2012, the Defendant entered into an insurance contract with policyholders E and F insurance products to pay KRW 443,700 per month insurance premiums, and entered into a total of 41 insurance contracts as shown in the attached list of crimes (1), and paid a total of KRW 41 insurance premium in C in the name of each policyholder.

However, the above 41 insurance contracts concluded by the defendant are not genuine contracts concluded by the policyholders with the idea that they continue to maintain insurance contracts and pay monthly insurance premiums, but are concluded by the defendant by lending only the name of the policyholders and paying the insurance premiums on behalf of the defendant in order to receive fees and prizes. At the time, the defendant did not have the intent or ability to continue to pay the next insurance premiums in order to prevent the termination or invalidation of the insurance contracts concluded by lending the name as above, because the defendant was in excess of obligations such as lending money from the intermediary manager G, etc. and paying the first insurance premiums on behalf of the defendant.

Nevertheless, the Defendant, as above, entered into a total of 41 insurance contracts by lending the name of the neighboring neighbors, such as E, and reported the contents thereof to C, and received KRW 12,322,345 as commission fees from the victim C around January 2012, and received KRW 114,532,160 in total from July 2012 to July 2012 as commission fees and reward fees, as shown in the attached list of crimes (2).

(i) the evidence;

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