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(영문) 수원지방법원 평택지원 2015.05.14 2014고단2051
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2013 to March 11, 2014, the Defendant used the fee payment system to pay solicitation fees to insurance contracts solicited by insurance solicitors from around July 2013 to around March 2014, and used the fee payment system to buy insurance contracts solicited by insurance solicitors, and was charged with receiving solicitation fees.

On December 26, 2013, the Defendant, at the victim’s office located in 811-12 central shopping building 601, filed a claim for a solicitation fee with the Defendant’s submission of a contract for the purchase of fladrative insurance with the victim B, who wishes to pay KRW 150,000 per month as insurance premium, to the victim’s insurance premium at the victim’s office.

However, in fact, the defendant, "one time insurance premium is paid in advance and the remaining insurance premium is invalidated without paying it." The defendant, after obtaining the consent of B, concluded a false insurance contract borrowing only the name of the policyholder, and received only the insurance premium but did not pay the insurance premium twice after receiving the insurance premium.

The Defendant, as described in the attached Table of Crimes, by deceiving the victim as above, and receiving KRW 638,512 under the pretext of solicitation fees from the victim, on January 15, 2014, the Defendant entered into a total of 23 insurance contracts from around that time to December 31, 2013, and claimed solicitation fees, and received KRW 14,022,277 in total under the pretext of solicitation fees from the victim on January 15, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (third time);

1. Each police statement of C or D;

1. The false statement;

1. Application of Acts and subordinate statutes on payment records of fees;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Suspension of execution;

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