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(영문) 서울중앙지방법원 2020.10.15 2020고단5711
사기등
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

The Defendant, as an insurance solicitor of the victim B, worked as a team member in the victim’s “C”.

The victim had a policy to pay 7 months of the fees to be paid in 12 months to insurance solicitors in advance in the following month of the date of the conclusion of the insurance contract. However, the Defendant had been willing to conclude and maintain the insurance contract by borrowing the name from those who did not intend to conclude and maintain the insurance contract and paying the insurance premiums in lieu of those who did not intend to do so, and by receiving money in the name of the insurance solicitation commission from the victim.

On July 30, 2015, the Defendant: (a) prepared documents related to the insurance contract for the “G” goods of the “F” insurance company’s policyholder and insured by using the name of the victim in the 9th floor of the Gangnam-gu Seoul Metropolitan Government D Building in the name of “E” in the name of “E”; and (b) submitted them to the victim and concluded the insurance contract between the said insurance company and E

However, in fact, the defendant concluded an insurance contract using the name of E and temporarily maintained the contract, and did not have any intent or ability to maintain the insurance contract under the above name of E by entering into the insurance contract in a normal manner.

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 1,714,815 as a fee for soliciting insurance contracts, as stated in attached Table No. 1 of the List of Crimes around August 2015 from the victim, and received KRW 46,286,023 as a total fee for soliciting insurance contracts over 15 times, as shown in the attached Table of Crimes List of Crimes.

(b) No person engaged in the conclusion or solicitation of an insurance contract violating the Insurance Business Act shall pay insurance premiums on behalf of a policyholder or the insured in connection with the conclusion or solicitation thereof;

Nevertheless, the defendant is identical with the above paragraph (a).

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