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(영문) 서울중앙지방법원 2014.02.20 2013고단4076
사기
Text

Defendant

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

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendant A, from February 201 to November 201, 201, worked as an insurance counselor of the F agency that entered into a contract with the victim, Dongbu Fire Marine Insurance Co., Ltd., and sold the insurance product of the Dongbu Fire.

On May 31, 2011, the Defendant entered into an insurance agency of 12th floor G building in Jung-gu Seoul, Jung-gu, Seoul, under the name of the policyholder H, a health insurance contract of Dasch 100 with the victim.

However, the Defendant paid 98,550 won a premium on one occasion after having subscribed to the insurance contract under the above H’s name, and thereafter, the Defendant enticed the victim as if the above H continued to maintain the insurance contract, in order to receive allowances (fee) from the victim without any intent or ability to maintain the insurance contract.

The Defendant, by deceiving the victim as above, received KRW 295,650 from the victim as an allowance under an insurance contract, and by deceiving the victim over 100 times from around that time to November 29, 201 in the same manner as indicated in the attached crime inundation (1), and acquired KRW 40,598,268 from the victim as an allowance under an insurance contract.

2. Defendant B, from March 201 to November 201, 201, entered into a contract with the victim stock company for the same fire, marine insurance and insurance agency with the victim stock company, and sold the insurance products of the same fire with the same fire insurance unit, while serving as an insurance counselor of the I agency.

On April 30, 2011, the Defendant entered into a 12th floor F insurance contract with the victim in the name of the policyholder J at the insurance agency of the 12th floor G building in Jung-gu Seoul, Jung-gu.

However, the Defendant paid 56,080 won a premium on one occasion after purchasing an insurance policy under the above J’s name, and thereafter, the Defendant enticed the victim as if the said J continued to maintain the said insurance contract in order to receive allowances (fee) from the victim without any intent or ability to maintain the insurance contract.

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