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(영문) 창원지방법원 통영지원 2016.07.06 2016고단192
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;

2. Defendant B shall be punished by imprisonment with prison labor for a period of ten months.

Reasons

Criminal facts

1. On August 31, 2015, Defendant A: (a) concluded an insurance contract with a victim FF affiliate insurance solicitor on the second floor of building E; and (b) concluded an insurance contract with a third party under the name of the third party without a will to maintain the insurance contract; and (c) made an insurance contract with a third party to the effect that B lent its name to obtain insurance commission from the victim company; and (d) concluded an insurance contract with a third party with a monthly insurance premium of KRW 70 million; and (e) signed an insurance contract with a third party with a 15-year maturity savings account; and (e) submitted it to the victim company.

The defendant deceivings the victim company as above, and thereby, B made a decision by the truth of the above insurance contract, and believed that he would pay monthly insurance premium, the victim company attempted to receive 255,90,000 won as a result of September 25, 2015 from the victim company to the account under the name of the defendant in the same manner, including the transfer of 25,90 won from the victim company to the account in the name of the defendant, and to receive from December 24, 2014 to September 25, 2015 in the attached Table 1 in the same manner, and to receive 606,809,351 won in total over 51 times from September 11, 2015 through the same method, and to receive 606,809,351 won in performance from September 30, 2015 to receive 38 won in total, but the victim company did not refuse to pay the charges to the victim company.

2. When Defendant B, like the last 30 to 35, 37 to 41, 47, and 51 of the daily list of crimes in paragraph (1), acquired a performance fee of KRW 364,495,813 from a victim F Co., Ltd. on 13 occasions, Defendant B, despite being aware that A acquired a performance fee from the victim F Co., Ltd., permits A to enter into an insurance contract in the name of the Defendant with the knowledge of the fact that he/she acquired a performance fee from the victim’s company, and on August 31, 2015, the victim F Co., Ltd., Ltd., who was suspected of having concluded the said insurance contract with regard to the insurance contract.

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