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(영문) 서울중앙지방법원 2014.05.13 2011고단4205
사기등
Text

Defendant

A A shall be punished by a fine of five million won, and Defendant B shall be punished by imprisonment with prison labor for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A was commissioned as an insurance solicitor from January 7, 2009 to the AP branch office of the IP branch office of the 13th floor of H building in Jung-gu Seoul, Jung-gu.

No person engaged in the conclusion or solicitation of insurance contracts may pay insurance premiums on behalf of a policyholder or the insured in connection with the conclusion or solicitation thereof.

On August 4, 2009, the Defendant entered into four insurance contracts with the policyholder J and the K T&T office of the said I Co., Ltd., such as D&T insurance for non-payment of dividends, love insurance for non-payment of dividends, Korea Life-Free Distribution Policy, Korea Life-Free Distribution Policy for New Life-Free Life Insurance, and the Korea Fire-Free Distribution Insurance for the Korean Commercial Type, the Defendant agreed to pay for the insurance premium up to five times out of the monthly payment insurance for each insurance, and remitted the amount of KRW 1,370,000, which is equivalent to the insurance premium, to the Agricultural Bank Deposit Account (Account Number) in the above J’s name.

2. Defendant B, from March 23, 2009 to April 6, 2009, subscribed to six insurance policies including “non-dividend social life insurance” sold by the life insurance company of the victim from March 23, 2009 to the life insurance company. Defendant B, despite the absence of a disease to the extent of hospitalization, was hospitalized in the hospital to obtain the insurance proceeds from each of the above insurance policies.

The Defendant was hospitalized from June 10, 200 to June 30 of the same month under the name of “LI” in the above “LI” from around June 10, 2009 to around the 30th of the same month, and filed a claim for the payment of insurance proceeds to each insurance company, including the victim gold Savings and Life Insurance Co., Ltd., which was insured by the Defendant, received hospitalized treatment for the above disease of each insurance company, such as the victim gold Savings and Life Insurance Co., Ltd., which received 90,000 won for the purpose of insurance proceeds around July 30, 2009, and received KRW 3,931,785 won for the total amount of insurance proceeds from each insurance company as described in the attached list 1, such as receiving KRW 3,931,785 won from the victim gold Savings and Life Insurance Co., Ltd. as stated in the attached list 1.

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