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(영문) 서울중앙지방법원 2016.04.18 2015고정3839
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was an insurance designer belonging to the Central Headquarters of the Car Financial Services Co., Ltd. (hereinafter referred to as the “Co Financial Services Co., Ltd.”) that is the victim on the second second floor digital 2nd floor of Seongdong-dong Seoul, Seongdong-gu, Seoul.

When concluding an insurance contract, the Defendant knew the fact that the car financial service (ju) who is the damaged person will pay a performance fee to the insurance designer, and tried to acquire the performance fee by means of paying insurance premiums for two to three months only after he/she purchased the insurance in the name of the author and automatically effective.

On July 4, 2014, the Defendant: (a) made 100-year-old nursing insurance on condition that she will pay insurance premiums to her branch office at the above KaFF service (main office) office; (b) made it possible for her branch office to normally conclude an insurance contract and to maintain the insurance; and (c) submitted that she would be paid 1,102,464 won from the employee in charge of insurance as a result of purchase of insurance around August 25, 2014; and (d) received the performance fee from 30-year-old 31 on November 25, 2014 on the date when 31 was invalidated on January 23, 2015; and (c) received the performance fee from 1,102,464 won from her total from 299-year-old 394 on the date when she becomes invalid; and (d) received the victim’s total performance fee from 2539-year-old 194 on January 23, 2015.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A complaint;

1. Each police statement made to D or E;

1. Computer screen of the amount of damage, and computer screen of each insurance contractor;

1. Application of Acts and subordinate statutes to a report on investigation (report on telephone investigation and confirmation of the amount of fraud by a suspect);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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