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(영문) 대전지방법원 천안지원 2019.09.25 2018고단572
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant concluded an insurance contract with the victim B under the name of the insurance solicitor C who entered into the insurance contract with the victim B, or borrowed the insurance contract under the name of a person who does not intend to maintain the insurance contract, and had the victim B receive the insurance solicitation fees.

On July 11, 2016, the Defendant submitted to B a written subscription for B E-related insurance contract prepared in the name of F at the C office located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul through C through C, and registered its actual performance as if the said purchase of insurance was normal.

However, in fact, the above insurance contract was subscribed to insurance products in the F's name on condition that the defendant pays insurance premiums on behalf of the defendant, and the defendant did not have certain income or property at the time, and the allowances that the defendant was paid under the pretended as if the normal insurance contract was concluded as above, there was no intention or ability to maintain the insurance contract in a normal manner because of the fact that the insurance premium of many persons who borrowed the name of the insurance

The Defendant deceptioned B as above and received KRW 4,226,826 under the pretext of solicitation fees from B around that time through C, as well as from July 11, 2016 to November 22, 2016, the Defendant enticed B by the same method six times in total, and received KRW 18,841,342 under the pretext of solicitation fees from B through C.

Summary of Evidence

1. Statements made by the accused in the second, third and fifth protocol of trial, and some of the witness G written statements by the accused;

1. Statement made by a witness H in the third protocol of the trial;

1. A written confirmation of the facts of I;

1. Details of the payment of insurance contracts and solicitation fees;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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