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(영문) 서울남부지방법원 2015.01.30 2014고정792
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, together with C, conspiredd to acquire only insurance allowances from the victim by way of cancelling the insurance contract immediately after the victim received allowances to receive from the insurance company in return for the purchase of the insurance, after purchasing the insurance through the victim D, who works as the insurance solicitor, and then receiving the paid insurance money from the insurance company.

Accordingly, C around September 30, 201 at the F Insurance Design Business Office located in Suwon-si, Suwon-si, stating that “The monthly insurance money will be paid in good faith to the victim after purchasing a life-long life insurance for the cause of 1,00,000 square meters. Instead, the subscription fee to receive from the school life insurance will be changed to B.),” and through the victim, C subscribed to the life-long life insurance in the name of G, the defendant and the defendant's future life insurance.

However, the defendant and C had already known that, after receiving insurance allowances from the victim, the defendant and C had no intent to faithfully maintain the insurance contract by cancelling the insurance contract within three months from the purchase date of the insurance contract. When cancelling the insurance contract, the victim should return the insurance allowances received to the school life life.

The Defendant and C, as such, deceiving the victim and received KRW 5.4 million on October 27, 201 from the victim to the account under C’s name, and deposited KRW 4.5 million on October 28, 201, respectively, and the Defendant terminated each insurance contract around November 201 with the Defendant received KRW 2 million from C.

Accordingly, the defendant and C conspired with the victim by deceiving 9.9 million won from the victim.

Summary of Evidence

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Application of Acts and subordinate statutes of a copy of the police statement concerning D;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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