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(영문) 서울북부지방법원 2020.10.14 2019고단5636
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

From around December 2, 2016 to September 2018, the Defendant served as a branch office in the branch office of the Company B, an independent insurance agency, and from September 2018 to December 2018, the Victim D Co., Ltd, an independent insurance agency, as a business employee, in the E business team of the victim D Co., Ltd., an independent insurance agency.

1. Fraud;

A. On September 2017, the defrauded F Co., Ltd.: (a) the Defendant subscribed to an insurance policy with respect to a person who has no intent or ability to maintain an insurance contract; and (b) received insurance solicitation fees from the victim company.

On September 8, 2017, the Defendant, at the office of the above C branch office located in Gangnam-gu Seoul Metropolitan Government, prepared an insurance contract subscription form as if he would normally pay the insurance premium, and submitted it to the employee in charge of the name of the victim company.

However, in fact, the defendant paid the above insurance premium for a certain period and received the insurance solicitation fee from the victim company, and H did not have the intention or ability to pay the insurance premium normally.

As above, the Defendant, by deceiving the above employees, received KRW 2,725,487 under the name of insurance solicitation commission from the victim company, and acquired KRW 314,740,153 in total over 106 times from around that time to May 31, 2018 under the same name as the attached crime list 1.

B. Around September 2018, the Defendant was aware of the crime described in the above paragraph (a) and paid insurance solicitation fees received from F Co., Ltd., following the occurrence of the crime, with the intent to compensate for the insurance solicitation fees, and the Defendant was willing to subscribe to the said goods and received subscription fees from the victim company to raise the repayment.

The defendant around September 1, 2018, at the office of the above E business Bureau on the 10th floor of the building JJ in Seocheon-si, Seocheon-si, and the defendant handled K by the victim company.

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