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(영문) 서울중앙지방법원 2020.09.09 2020고단2450
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was working as an insurance solicitor belonging to the victim (state) and the victim had his insurance solicitors attract customers and had them enter into an insurance contract, the victim paid allowances in advance. The defendant used it to receive personal information from those who do not intend to maintain the insurance contract properly through C which operated a multi-stage business, etc. and made them enter into an insurance contract by promising to pay insurance premiums to them, etc., and received allowances from the victim and received them from the victim.

Accordingly, around January 4, 2016, the Defendant received KRW 2,53,970 from the victim’s G account in the name of the Defendant as allowances, on the ground of the victim’s office located in Songpa-gu Seoul Building E, by communicating with the victim’s office located in Songpa-gu Seoul building D building E, making the Defendant enter into an insurance contract on the condition that the Defendant pay the initial insurance premium on behalf of the victim, and pretending to enter into an insurance contract normally as if the Defendant entered into an insurance contract, and making the victim’s operator as if he/she entered into the insurance contract.

From around that time to November 1, 2016, the Defendant received a total of KRW 227,927,460 from the victim under the name of an allowance for concluding an insurance contract over 62 times in a total of 62 occasions as shown in the attached list of crimes, as well as acquired property gains equivalent to KRW 7,706,720 in total by using the I of the victims who purchased goods or received services from June 1, 2016 to December 31, 2016 under the name of an allowance for concluding an insurance contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the police and the suspect interrogation protocol of the prosecution (including F substitutes) against the accused;

1. Statement made by the police of the F;

1. A complaint;

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