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(영문) 창원지방법원 통영지원 2016.03.21 2015고정692
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant worked for three insurance agencies of Korea in the global world, Co., Ltd. with the five floors of C Building, and the victim E is the head of the above branch office.

After entering into an insurance contract, the Defendant had no intention or ability to maintain the insurance contract normally by taking advantage of the fact that the insurance premium is paid with solicitation allowances and insurance maintenance allowances at least once, and had the intention or ability to pay the insurance premium under the name of the Defendant himself/herself or his/her person, etc., and had him/her receive allowances following the conclusion of the insurance

On March 31, 2014, the Defendant, at the above D branch, submitted to the above branch offices as if the Defendant was an insurance contract with the Defendant’s female job offers F as an insurance contractor, and received KRW 4,837,110,00 in total, including the redemption of the policy, from March 31, 2014 to July 30, 2014, by deceiving the victim by means of paying the insurance premium on a one-time basis, and received KRW 2,456,118 in return for allowances from the damaged party.

Summary of Evidence

1. A statement by the defendant in part of the court (a statement to the effect that an insurance policyholder on the list of crimes in the annexed sheet is close to the defendant, such as shes, shes, her husbands, etc., who have not prepared an insurance contract directly with him/her, and that he/she has not paid the insurance premium);

1. Legal statement of witness E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to each insurance contract and each investigation report;

1. Article 347 (1) of the Criminal Act and the selection of a fine concerning the facts constituting an offense (including Article 347 (1) of the said Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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