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(영문) 서울남부지방법원 2018.07.25 2017고단6325
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 2014 to March 2015, the Defendant has been working as the branch office of VIP branch and has been engaged in insurance solicitation business in the calendar branch of the victim (state) B, the insurance agency of which from March 2014 to March 2015, under the management of C.

At the time when the insurance is subscribed, the defendant has received 90% of the total amount of insurance premium in advance from the insurance company to the sales company that has solicited the insurance on the condition that the insurance contractor maintains the insurance for three years.

On July 30, 2014, the Defendant prepared an insurance offer with the content of “F, contractor A, beneficiary A, beneficiary A, monthly insurance premium 1,461,150 won, and 20 years of payment period,” at the office of VIP branch office located in Yeongdeungpo-gu Seoul Metropolitan Government D Building E, and submitted it to the victim.

However, in fact, the Defendant had been engaged in insurance solicitation since 2010, but the insurance policyholder was reduced, the insurance contract is terminated, and the Defendant’s obligation to return the already paid allowance has increased, and around August 2014, the said branch office was closed, and around the same year, around 2015, the Defendant filed an insurance subscription for the purpose of providing money, and thus, the Defendant did not have any intent or ability to continue to maintain the said insurance even if he received the advance payment with the insurance approval from the injured party.

As can be seen, the Defendant, by deceiving the victim and receiving KRW 15,592,490 from the victim as an allowance for soliciting him/her, received KRW 15,592,490 in the name of his/her business, and received KRW 32,657,847 in total from the victim five times in the manner described in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the prosecution against C;

1. Statement of the police statement related to G;

1. Investigation report (H telephone communications);

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