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(영문) 수원지방법원 2017.03.16 2016고합520
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for a term of four years and six months.

Reasons

Punishment of the crime

The defendant and the type C will pay insurance premiums to unspecified persons by using the fact that a high amount of insurance solicitation allowances is paid by the relevant insurance company when soliciting policyholders of life insurance.

After having subscribed to insurance, it has received insurance solicitation allowances and received them again, so that it would make profits by again terminating them.

Thus, the defendant and C established the insurance solicitation agency (ju) EF branch in Suwon-si around January 23, 2015, and employed 15 persons such as relatives and relatives as insurance designer, and C has overall control over the business as the head of the above F branch, and the defendant has been in charge of the management of funds such as the management of premiums in substitution with the head of the above branch.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant and C, in around May 29, 2015, in the beauty art room located in G, “H” around 2015, through the insurance design private person I who belongs to the above F branch, will be aware of the insurance premium to the insurance contractor J, and even if the insurance would not have any damage by making the insurance invalid later.

“After having been explained to the purport that the insurance subscription was made, the said J prepared a written application for life insurance subscription to J as if it would normally subscribe to and pay the insurance premium for the victims (state) Mayang Life Insurance Co., Ltd. (Ⅱ), and submitted it to the employee in charge of the victim’s insurance company and received KRW 9,657,117 as an allowance for insurance subscription from the said employee around June 25, 2015.

In addition, the Defendant and C conspired with each other from January 28, 2015 to December 24, 2015, together with 2,156,56,510,866 won in total, and 637,279,831 won in total, and 85 times in total, from the Defendant and C’s life, 523 times from the Defendant and C’s life, as in the foregoing manner, from January 28, 2015 to December 24, 2015.

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