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(영문) 제주지방법원 2015.02.05 2013고단1500
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From May 4, 201 to December 1, 2012, the Defendant provided insurance solicitation services as the head of a branch office of C Co., Ltd. (hereinafter “C”) which is an insurance intermediary company (hereinafter “C”).

If a policyholder concludes an insurance contract in the case of any veterinary gap insurance product sold by the victim Yangyang Life Insurance Co., Ltd. (hereinafter referred to as the "victim Co., Ltd."), an insurance agency attracting the insurance is entitled to receive from the victim about 600% of the monthly payment premium (the monthly payment premium for about 6 months) as the insurance solicitation fee.

However, if the insurance contract is terminated due to the reason that the policyholder does not pay the premium within a certain period, the insurance agency should return the insurance solicitation fee to the insurance company. In order for the insurance agency to not return it, the insurance contract should be maintained for 13 months by paying the premium for 13 months.

Using the above payment method of insurance solicitation commission, the Defendant intended to solicit insurance by entering into an insurance contract in the name of a person in the vicinity who has no intent to maintain insurance during the insurance period, and acquired the insurance solicitation commission from the insurance company.

On January 30, 2010, the Defendant entered the insurance policy information to the effect that “the Defendant entered into an insurance contract (12 years in the payment period and 7.5 million won in the monthly payment premium) with the insured F” in the insurance policy system of the victim company’s insurance policy at the D branch offices located in the 9th floor of Bupyeong-gu Incheon Bupyeong-gu E building, Bupyeong-gu, Incheon, and let the victim company see the victim company’s name-free employees. However, as F sent the documents of subscription, etc. to the victim company to the insurance contract that enable F to normally pay insurance premiums during the insurance contract period, the Defendant deceivings the above non-indicted employees.

However, in fact, F is for 12 years of insurance contract term, such as the content of the above insurance contract.

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