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(영문) 대전지방법원 천안지원 2020.06.26 2019고단3238
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

The Defendants used respectively to serve as the head of the team in the Dispute Resolution (Representative E) of the victims' Insurance Brokerage Co., Ltd. in the Seo-gu, Seo-gu, Seo-gu, Incheon Metropolitan City, and used the structure that receives a certain fee from the victim company on the 25th of the following month regardless of whether the insurance contract is maintained after the conclusion of the insurance contract, the Defendants were able to receive the fee from the victim company by buying the insurance product under the name of the neighboring person who has no intention to buy the insurance contract for up to 1 to 4 months, and by making the insurance contract effective later.

1. On December 28, 2018, Defendant A purchased insurance products of KRW 705,384 of the monthly insurance premium of “G” in the name of F, a branch office of the victimized company.

However, it is true that the defendant requested the F who did not want to buy the insurance to enter into the insurance contract by borrowing the name of the F, and the result of the purchase of the insurance contract was entered, and the fee was not paid by substitute, and there was no intention or ability to maintain the insurance contract.

Around January 25, 2019, the Defendant, by deceiving the damaged company as above, obtained money from the victimized company to the H bank account (I) in the name of the Defendant in the name of the victimized company and acquired money from the Defendant under the name of the commission, and acquired it by deceiving the damaged company through the same method over 24 times from June 28, 2019, as described in the attached Table of Crimes (1) from June 28, 2019, and acquired money by deceiving the damaged company by transfer of KRW 68,215,452 in total.

2. Around February 26, 2019, Defendant B subscribed to insurance products of KRW 502,350 per month insurance premium of “G” under the name of the GJ, a branch office of the victimized company.

However, the fact is that the defendant's request was made by the J which has no intention to buy insurance, and the result of the purchase of insurance is added to the name of the defendant, and the defendant's intention or ability to maintain the above insurance contract is a plan to invalidate the insurance contract because the insurance premium is not paid in lieu

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