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(영문) 서울중앙지방법원 2016.09.29 2015고단4718
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 10, 2012, the Defendant entered into a contract for appointment as an insurance designer at the Central Headquarters Office of D Co., Ltd. located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, as an insurance designer, and is engaged in insurance solicitation activities while serving as the head of the Central Headquarters and as an insurance designer.

The Defendant, as an insurance designer, concluded an insurance contract by pretending to keep the insurance contract from the beginning for the purpose of receiving the performance and performance fees of the insurance solicitor, instead of seeking benefit from the insurance products under the contract, and concluded the insurance contract by using the system that does not have the intent or ability to maintain the insurance contract from the beginning for the purpose of receiving the insurance solicitor’s future performance and performance fees, and concluded the insurance contractor’s insurance contract with intent to commit the act of receiving the subscription fees by using the system that the insurance contractor may receive the insurance premium paid by the insurance contractor by making payments for a short period of time or by intentionally filing a civil petition from the insurance contractor. On August 28, 2014, the Defendant concluded the “Korea Family Health Insurance Contract” with E on August 28, 2014, and received KRW 1,380,784 as a performance fee thereafter, and acquired the money by fraud over 21 times in total as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statement of a witness G in the second public trial protocol;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Parts of the crimes not committed under Articles 70 and 69 (2) of the Criminal Act with the detention of a workhouse;

1. The summary of this part of the facts charged is that the Defendant, as an insurance designer, intends to receive the performance and performance fee of the insurance solicitor, not for the purpose of the contract that the contractor who entered into the insurance contract intends to benefit from the insurance products under the future contract.

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