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(영문) 수원지방법원 안산지원 2013.11.14 2013고단1678
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor at the Seoul Central District Court on the grounds of fraud, etc., and the judgment became final and conclusive on June 10, 2011.

C is the actual operator of G Co., Ltd. D (hereinafter referred to as D), E, F and insurance solicitation corporations, and the Defendant is the person in charge of investment explanation and attracting investors in the above office of the company located in the third floor of the H building in Gangnam-gu Seoul Metropolitan Government from September 2008 as the management adviser of D, and the Defendant is the person in charge of investment explanation and attracting investors.

Around August 29, 2009, the Defendant conspiredd with the above D office as above, “If the Defendant invests 10 million won of investment in D with one account, it shall be allowed the victim I to subscribe to the insurance company in the name of several insurance companies through the insurance solicitation corporation called G with the investment proceeds. An insurance company shall pay 140 million won of the once payment under the name of insurance solicitation allowance, insurance maintenance allowance, agency performance allowance, etc., in lump sum. Thus, even if the insurance premium of KRW 10 million is paid every 12 months during the minimum period of insurance maintenance period, the net profit of KRW 20 million will accrue. As such, the Defendant would raise enormous profits by investing 10 million of investment in the hostile merger, Han-do military supply and distribution business, and gold income business, etc. with the profits, the Defendant would make a false payment of the principal of the investment with 5% per month after the end of each month.”

However, in fact, even if an insurance company receives a lump-sum payment from the insurance company, even if the insurance company receives a subscription allowance from the company that concludes the insurance contract with the large insurance company through G with the investment money after inviting investors through D, it is required to return the subscription allowance already paid unless the insurance premium is paid continuously more than the minimum insurance maintenance period, so the principal shall be returned within one month as agreed to the investors.

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