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(영문) 인천지방법원 2015.09.10 2015고단4497
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. The Defendants, who were employed as an insurance solicitor in an insurance company, such as KB Life Insurance Co., Ltd. for a number of years, have subscribed to the insurance by using the “fee Payment System,” which pays a certain portion of the solicitation fees, and the “Quality Guarantee System,” which is the insurance premium refund system due to incomplete sales of insurance products, etc. and acquired the fees by receiving them from the advance payment.

Accordingly, on January 21, 2014, Defendant A entered into an insurance contract with D (the number of the type of Defendant B) to pay KRW 2,000,000 per month insurance premium for the KRB savings contribution products, and entered into a total of 37 insurance contracts from the above date to May 30, 2014 as stated in the attached Table (i).

However, the above 37 cases of the insurance contract were not a genuine insurance contract for policyholders to conclude the insurance contract and pay the insurance premium each month, but the defendant A made a false insurance contract with only the name of policyholders borrowed to receive the advance payment fee. The defendants thought that the above insurance contract was terminated, or the above insurance contract was invalidated due to the failure to pay the insurance premium any more on the grounds of the termination of quality guarantee after paying the insurance premium on behalf of policyholders only one to five occasions.

Nevertheless, Defendant A received KRW 17,808,603 from the victim, on February 25, 2014, in the “Seoul Bupyeong-gu Incheon Bupyeong-gu E, and 701-2 in the “Seoul Bupyeong-gu Incheon Metropolitan Government Incheon Metropolitan Government Incheon Metropolitan Government Incheon Metropolitan Government (Seoul Metropolitan Government of the Dispute Resolution Insurance Agency)”, “The amount of allowances has been changed since the victim entered into an insurance contract with gold bio-resources, etc. with insurance customers, such as D, during January 2014,” which was granted from the victim a total of KRW 17,808,603 in the name of the advance payment fee.

The Defendants, including this, conspired with the victim as above.

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