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(영문) 부산지방법원 2019.11.27 2019고정1138
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

The Defendant, who worked as an insurance solicitor at the “C insurance agency” in the victim B’s operation, did not intend to maintain an insurance contract in a normal manner. The Defendant, although having no intent to maintain the insurance contract, did not pay the insurance commission to the victim by purchasing the insurance product in the name of the Defendant or his family, or temporarily paying the insurance premium after temporarily paying the insurance premium.

On March 23, 2018, the Defendant, at the office of the above insurance agency with the Busan Metropolitan Government D building and the 9th floor, was pretended to have subscribed to the insurance product of the E company under the name of the Defendant, although there was no intent or ability to continuously pay insurance premiums in the course of credit recovery recovery due to cumulative debts under the bad credit standing around that time, and concluded a normal insurance contract by paying some insurance premiums.

On April 19, 2018, the Defendant, by deceiving the victim as above, received KRW 700,000 from the victim to the F account under the name of the Defendant as an insurance solicitation fee, and received KRW 6,960,525 in total as an insurance solicitation fee for ten times from that time to May 30, 2018 in the same manner as the content of the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Details of entry and departure transactions;

1. Application of Acts and subordinate statutes to investigation report (attached to a detailed statement stating the payment of premiums 14 cases invalidated for subscription for insurance);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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