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(영문) 수원지방법원 안산지원 2017.08.25 2017고단1952
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was a person who had been employed as an insurance designer at the time when the Defendant subscribed to the pension insurance product of the Korea-Japan Life Insurance; (b) on November 26, 2016, when the deceased person died due to a traffic accident and received the request for the payment of the insurance money from his heir D; and (c) on behalf of the Defendant, using the fact that the Korea-Japan Life Insurance Co., Ltd., among the insurance products that the deceased person bought, pays the insurance money to the agent who is not the heir; (d) on account of the fact that the Korea-Japan Life Insurance Co., Ltd pays the insurance money to the agent, the Defendant will act as agent for the Korea-Korea Life Insurance

After issuance of the certificate of the heir's seal impression, the agent prepared a power of attorney to delegate all the rights to receive insurance money and all the rights under the contract, and he prepared a letter of attorney to delegate the right to receive insurance money and all the rights under the contract, and submitted it to the insurance company to obtain the deceased's death insurance money as delegated by the bereaved family members.

On December 2, 2016, the Defendant: (a) filed a claim for group insurance benefits on behalf of the Defendant with D’s wife; (b) filed a document with which the seal impression of the legal person should be affixed in order to carry out group insurance claims on behalf of the Defendant; and (c) obtained the seal impression of D and F in front of D’s house located in Songpa-gu Seoul, Songpa-gu, and affixed the seal impression on the name side of the delegate’s name prepared in advance by the Defendant.

On December 20, 2016, the Defendant: (a) at the Victim KB Non-Life Insurance Office located in Gangnam-gu, Seoul, Seoul, on December 20, 2017, the Defendant: (b) held that G employees of the victim company in charge of receiving the claim for insurance proceeds have been entrusted by F and D with the authority to claim the death insurance proceeds, the beneficiary of the death insurance, at his own relative with his own deceased person; and (c) “the insurer” means “C” and “the beneficiary of the insurance proceeds” in the “insurance contractor” column.

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