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(영문) 수원지방법원 2015.10.05 2015고단1987
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are insurance solicitors from July 2009 to December 2009, who worked in D, an insurance agency for future life insurance companies, the victim of which, as insurance solicitors.

The Defendants, in collusion with the employees of the above companies, including E, the real representative of D, had them prepare an insurance contract on condition that they will buy insurance or continue to maintain insurance, and submit it to the victim along with the large-paid insurance premium, and had the policyholders make it false as if they were actually prepared in the victim’s insurance contract when confirming the suitability of the victim’s insurance contract, and had the policyholders receive the fees for insurance solicitation by deceiving the victim as if the insurance contract was genuine.

1. On October 21, 2009, the Defendant conspired with D employees, including Defendant A, Co., Ltd., Ltd., and submitted the said insurance contract form to G with the intent of G to pay insurance premiums for two months in lieu of G located in Gangdong-gu Seoul Metropolitan Government, stating that “The insurance premium is to be paid instead of two months, and the private person is changed in the insurance contract form. It does not mean at the head office that the confirmed telephone would not pay insurance premiums for two months. It would not mean that the automatic invalidation is not possible even if the premium is not paid thereafter.” In short, the Defendant drafted the insurance contract form for non-payment in the future without dividends in the name of G, stating that he is the manager of the management department in the occupational field, and submitted it to the victim as if he had bought the said insurance contract form as if he had bought the insurance contract with the intent of continuous payment of insurance premiums.”

As above, the Defendant, by deceiving the victim as above, received KRW 2,451,950 under the pretext of insurance solicitation commission from the victim, entered into a total of 35 false insurance contracts as shown in the attached Table 1 between January 28, 2009 and December 11, 2009, and from the victim.

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