Merchant in Villingen: fraudulent commission – the court sees complicity in the insurance – Villingen-Schwenningen and surroundings

The insurance and finance clerk had collected commissions even though the insurance contracts were not yet in force. Photo: © Gajus –

178,000 euros: that is the commission that an insurance salesman had stolen from his employer. Despite the serious fraud, the verdict is light, because the court sees complicity in the insurance.

Villingen-Schwenningen – Actually, the 37-year-old could be proud of how he’s risen through the years: first he went to high school, then he did his Abitur, completed his training as a car mechanic, worked for the German armed forces for several years and finally as a successful insurance and finance salesman in salaries and bread. But what drove him to commit commission fraud and even fake a brain tumor? This issue was left open during the hearing before the Villingen District Court.

The case itself was, also because of the defendant’s confession, crystal clear. The man had worked in Villingen-Schwenningen as a sales representative for a large insurance company. In October 2019, the defendant took out life insurance for 1.7 million euros with one of his business clients.

Life insurance for more than 5.4 million euros

With the corona pandemic occurring shortly after, the 37-year-old justified a postponement of installments until February 2021; however, according to the indictment, it became clear at an early stage that the life insurance should be canceled again. At the end of October 2019, the insurer transferred the overdue commission of 45,000 euros without even having seen a fee.

The second case followed in July 2020, in which the defendant involved a friend in the scams. He encouraged a contract with the reason that he needed financial help and thus received an interest-free loan. Instead, it was life insurance for 5.4 million euros, with a monthly rate of 12,000 euros. The €133,000 commission was immediately repaid. A year later, the insurance company finally found out about the fraudulent commission, so a regional representative filed a complaint.

feigned serious illness

By now, the 37-year-old had already faked his serious illness. When asked by the prosecutor, he explains: “I had to invent something to stop working, and it couldn’t be obvious, I’m in very good health.” So it seemed quite calculating that he misled his work and social environment.

Meanwhile, he was no longer available to the court and the prosecutor’s office – the result: an arrest warrant and a search. He was finally arrested at the end of May by his partner in Wolterdingen and went to jail.

There’s none of the money left

But why all this? His wife had previously separated from him, she gave as a reason: “I didn’t know what to do!” They were “reckless actions”, he had “taken the wrong path for the first time in his life”.

Of the total of 178,000 euros, there is nothing left, the prosecutor was not surprised. “They really screwed up: Rolexes, trips and big cash withdrawals,” he told her at the hearing. But the businessman calmly replies: “Before that, I had a similar income, so I did not live differently than usual.”

He wants to work as a trucker

However, that will now change in view of the debt. Until now he is still looking for a job, his plan is to be hired as a truck driver, he still has the driver’s license from his time in the Bundeswehr.

His defense attorney finally pleaded in court to release him from his remorse: the insurance contracts had “defied malice”, with others, the commission would only be paid when the contracts were in force. Ultimately, the responsible judge, Christian Bäumler, saw the insurance’s contractual structure as “susceptible to abuse” and therefore did not see the company as particularly worthy of protection.

Verdict: two years probation

That’s why he doesn’t want to send the defendant to jail either, because a suspended sentence is really critical in view of the large amount of damages. But this is exactly what the 37-year-old received: the court sentenced him to two years of probation, the arrest warrant was lifted. And the verdict became final immediately.


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