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(영문) 창원지방법원 2014.12.19 2014고단6
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On December 15, 2009, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for six months at the Changwon District Court on December 15, 2009, and the judgment became final and conclusive on November 8, 2010.

The Defendant is a person who had been working as a branch of the Victim D Co., Ltd. in Changwon-si, Changwon-si from March 2009 to May 2009.

When soliciting insurance, the defendant, using the fact that he received one-year insurance solicitation fees from the victim company, submitted a false insurance subscription form to the victim company as if he/she provided insurance solicitation services, in order to receive insurance solicitation fees.

Around March 2009, the Defendant submitted a false insurance subscription form in the name of F to E in the name of the victim company, and submitted to E a false insurance subscription form with 11 members, such as F, etc. over 30 times from that time to May 2009, as stated in the list of crimes.

The Defendant, as above, by deceiving E and deceiving it, received a total of KRW 23,434,847 under the name of the Defendant’s insurance solicitation commission from the victim company around that time.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. Statement to E by the police;

1. A complaint;

1. Details of withdrawal transactions, application form for an insurance contract, and case of invalid restitution;

1. Each report on investigation;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence) lies in the confession and reflection of the instant crime, and the victim does not want the punishment by mutual consent with the victim, and the instant crime is stated in the first head of the relevant crime.

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