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(영문) 서울중앙지방법원 2021.02.24 2020고단8552
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From November 29, 2018 to April 2019, the Defendant served as an insurance designer at the victim C Co., Ltd. located on the eighth floor of Gangseo-gu Seoul Metropolitan Government building B, Gangseo-gu, as an insurance designer.

On December 2, 2018, the Defendant: (a) ordered D to purchase the above insurance, and submitted D’s insurance documents to the victim company on December 14, 2018, when the Defendant called D to pay insurance money on behalf of the Defendant; (b) requested D to purchase the insurance money on behalf of the Defendant.

However, from October 2018, the Defendant had no special property in the course of individual rehabilitation from around October 2018, and the Defendant would pay insurance proceeds to the termination party in need of living expenses, etc.

In addition, there was no intention or ability to pay monthly insurance premiums under the insurance contract to the victim normally, such as having the victim conclude the insurance contract, receiving the subscription fees from the victim, and having the victim receive the subscription fees for insurance solicitation, and having the intent to cancel or terminate the insurance contract immediately.

On January 25, 2019, the Defendant, by deceiving the victim company, received 344,817 won from the victim company under the pretext of D’s insurance commission, etc.

In addition, the Defendant, from December 13, 2018 to February 27, 2019, by deceiving the victim company over a total of 27 times, as shown in the list of offenses, and received delivery of KRW 23,324,641 in total from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report by police on F on each police statement (Comparison between the suspect G bank account details and the conclusion details of insurance contracts);

1. A complaint;

1. Application of the detailed details of each insurance contract, a detailed statement of the current status of the recruitment agreement, a letter of promise to pay fees, a statement of the status of payment and redemption of fees, a statement of adjudication of bankruptcy of the specifications of fees, and the statutes governing the list of personal

1. The relevant Article of the Criminal Act as to the facts constituting an offense, and Article 347(1) (including inclusive), and Article 347 of the Criminal Act as to the selection of a sentence, all acts committed as a single and continuous intention for a certain period of time shall be an offense;

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