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(영문) 부산지방법원 2014.03.20 2013고단6421
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

From September 26, 2011 to June 28, 2012, the Defendant is a person who served as an insurance solicitor in the victim E, a corporation located in Busan coastal Organization D, as an insurance solicitor.

When the insurance purchased by the Defendant is not maintained until a certain period of time and invalidated, the Defendant returned the examination recruitment allowance that he received, received allowances in advance, and subscribed to the insurance with the knowledge that he will not buy the insurance or pay the insurance money in the name of another person in order to receive a large amount of allowances and to raise his performance, and he paid the insurance premium on behalf of the Defendant for the early period of the purchase of the insurance.

On September 29, 2011, the Defendant, at the above corporation E office, had the Defendant subscribed to insurance solicitation under F’s name, as if the Defendant subscribed to insurance solicitation at the request of F, and applied for insurance solicitation allowance to the victim company.

However, the fact was well known that F merely borrowed name for his own performance and allowances, and that all the premiums are paid on behalf of F, so insurance will not be maintained.

Accordingly, the Defendant deceiving the victim company as above and received KRW 10,854,259 from the victim company on October 25, 201, from that time to June 25, 2012, the Defendant, as stated in the crime list, had 50 insured holders subscribe to a total of 50 insurance contracts from that time, and had them subscribe to a total of 50 insurance contracts from that time, and paid the initial insurance premium on several occasions, thereby deceiving the victim company by means of deceiving the victim company and receiving KRW 219,195,851 in total from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. A complaint;

1. Certified copies of the corporate registry, E fees and sexual regulations, personnel cards, and inquiries about careers; and

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