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(영문) 서울중앙지방법원 2020.02.06 2019고단7725
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Defendants are insurance solicitors belonging to the victim D, and have worked together as the same team members at the “F branch” of the victim company located in the nineth floor of Gangnam-gu Seoul Metropolitan Government E-building.

The victim took up a policy to pay 7 months of the commission to be paid over 12 months in the following month from the date of the conclusion of the insurance contract. However, the Defendants were willing to enter into and maintain the insurance contract by borrowing the name of the person who did not intend to enter into and maintain the insurance contract, and by paying the insurance premium on behalf of the person who did not intend to enter into and maintain the insurance contract, and by receiving money in the name of the insurance commission from the victim.

1. Defendant A

A. On August 27, 2015, the defrauded: (a) at the F point of the said victim’s company; (b) using the name of G in the name of G; (c) drafted the relevant documents related to the insurance contract of the goods; and (d) submitted them to the victim company; and (c) concluded an insurance contract between the said insurance company and G on the surface.

However, in fact, the defendant concluded an insurance contract using the name of G and temporarily maintained the insurance contract, and did not have any intent or ability to maintain the insurance contract under the name of G by entering into the insurance contract under the said G in a normal manner.

Nevertheless, the Defendant, as seen above, by deceiving the victim company and creating a form of entering into the insurance contract with the above G on the surface, received KRW 1,984,794 as the fee for soliciting insurance contracts from the victim company around September 2015, and acquired KRW 39,84,582 as the fee for soliciting insurance contracts on a total of 12 occasions, such as the statement in the attached crime list (A).

(b) Any person engaged in concluding or soliciting an insurance contract in violation of the Insurance Business Act;

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