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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[Power of crime] On August 24, 2016, the Defendant was sentenced to imprisonment for eight months at the Seoul Central District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Causing Death and injury) and the judgment became final and conclusive on February 14, 2017.
[2] The Defendant, a insurance agency, is the actual operator of D, and served as an insurance designer in charge of insurance solicitation from September 2015 to February 2016, from the victim Cos., Ltd., an insurance agency located in 14th floor of the Cheongnam-si, Yongsan-gu, Seoul Metropolitan City (Seoul Metropolitan City), which is the insurance agency.
The defendant is willing to pay insurance premiums from persons who have no intention to buy insurance or to continue to maintain insurance.
After allowing insurance companies to conclude an insurance contract, the insurance solicitation fee received from the insurance company was collected as if each insurance contract continues to be maintained.
1. Fraud related to insurance contracts under the title of E;
A. On December 2015, the Defendant is required to cooperate with the other company and it is necessary to develop the size of the company from the G gas station for the operation of the E in Young-si F on December 2015.
On December 30, 2015, E made it possible to enter into an insurance contract of KRW 6,045,00 of monthly paid-in insurance premium of KRW 6,045,00,00, which was sold in Alanannan Lifelong, with payment of insurance premium in the company's name within two months, and soliciting E to enter into an insurance contract of Type II of Business Integration Insurance.
However, the above insurance contract is that the defendant pays the insurance premium in order to receive the insurance solicitation fee from the insurance company, and the defendant did not have the intention or ability to pay the above insurance premium on behalf of the insurance company.
Nevertheless, the defendant deceivings the victim as above, and up to January 27, 2016 from the victim, the defendant was 41,947,503 won as insurance solicitation fee to the Nonghyup Bank account in the name of H around January 27, 2016.