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(영문) 서울동부지방법원 2015.05.20 2014고단3194
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From December 1, 201 to September 25, 2012, the Defendant: (a) was a person working as an insurance solicitor from the C Branch of the Victim Global Deposit Korea Insurance Agency’s Co., Ltd.; (b) concluded an insurance contract with the policyholder recruited, the amount of about 10 times the monthly insurance premium is set as an insurance solicitor’s fee; and (c) among them, 70% was paid in advance to the insurance solicitor on the 25th of the following month; and (d) was intended to receive fees from the insurance solicitor by receiving in advance.

On December 26, 2011, at C Branch located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) prepared an insurance contract for life insurance for the same life life-long in the name of policyholder E and submitted documents to the victim company under the name of policyholder E; and (b) submitted them to the victim company; (c) around that time, from around August 30, 2012 to around August 30, 2012, submitted to the victim documents of life insurance contract for all 34 policyholders, a relative or branch, as shown in Appendix I.

However, in fact, when the Defendant was working as an insurance solicitor in the Jeju Hosung F Insurance Agency before the victim company, the contract becomes invalidated after receiving the fee for the life insurance contract entered into with F, G, etc. for the purpose of receiving the insurance fee from the victim company, and concluded the insurance contract after promising the payment of the premium to receive the insurance fee from the victim company. The Defendant knew that the insurance contract cannot be maintained even after receiving the insurance fee. The insurance fee received was under circumstances such as (i) the refund of the insurance fee, living expenses, and the payment of the premium, etc. received from the Jeju Hosung F Insurance Agency, and thus there was no intention or ability to return the insurance fee to the victim company at the time of maintaining the insurance contract or cancelling the

Nevertheless, the defendant deceivings the victim company and is in the attached Form from the victim company.

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