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(영문) 부산지방법원 2018.05.18 2018고합27
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Majority Facts, etc.] On December 30, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and on April 8, 2017, the Defendant was the actual operator of D Co., Ltd. (hereinafter “Co., Ltd.”) established on November 9, 201 for the purpose of insurance agency business, etc. in Busan District Court C on November 9, 201.

D On December 2, 2011, it entered into a life insurance agency contract with the victim interesting country life insurance company (hereinafter referred to as "victim company").

The content of the above contract is that D performs the duties of proxy for the conclusion of insurance contracts, the receipt of insurance premiums, the management of receipts of insurance premiums, etc. of the victimized company, and receives an amount equivalent to twice the monthly insurance premiums from the victimized company as fees.

[Criminal facts]

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (based on the fact that the commission that the victimized company receives from the insurance solicitation is much more than the insurance premium that is paid on behalf of the insurance contractor, and the money remains after deducting the insurance premium that is paid on behalf of the insurance purchaser from the insurance solicitation commission and using it as D’s operating expenses, etc. The Defendant, despite the purchase of the insurance, submitted the insurance subscription form to the insurance company with the consent of the person who has no intent or ability to maintain the insurance even if he/she purchased the insurance, on the condition that he/she paid the insurance premium on behalf of the insurance contractor, and submitted it to the insurance company with the payment of the insurance premium with the consent of the insurance premium on the condition that he/she would pay the insurance premium. The Defendant

Accordingly, the Defendant, at the office of the foregoing D around January 2015, solicits the Defendant to buy an insurance policy with the purport that “F will take out an insurance policy in the form of only lending the name,” through E, an employee, and pay the premium on the face of the week,” and then, from F on January 21, 2015.

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