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(영문) 서울중앙지방법원 2015.07.10 2014고합1355

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for two years.

Reasons

Punishment of the crime

The Defendants were insurance solicitors belonging to KRB Life Insurance Co., Ltd. (hereinafter referred to as KRB Life Insurance Co., Ltd.) on September 2012, the Defendants: “Korea is a victim F and G with the mutual infinite in the coffee shop located in Gangnam-gu Seoul, Seoul, for several years from KRB Life Insurance Co., Ltd., and at the same time, VIP financial consulting experts with the annual income of KRW 20 to 3 billion from the annual income. In the case of insurance solicitors, when they cancel the insurance within two years from the purchase of the insurance, they are required to return the performance allowances paid from the insurance company. Therefore, in the case of insurance solicitors, there are many cases where the principal cannot be recovered because they borrowed money to the insurance solicitors for a short period of time due to their short-term use and repayment.” If you lend money to the insurance solicitors, they would be necessary to pay the principal to the victims of the insurance premium again with 4-5% interest on April 1, 2012.”

On May 2013, the Defendants made a false statement to the victim J in the I coffee shop located in Seoul H with the aforementioned content.

However, in fact, if the defendants excluded from monthly income received by the defendants the entertainment expenses and insurance premium payments to attract insurance customers, the actual income was not much high, and there was no particular property or income, and thus did not have the ability to pay the amount borrowed from the victims. As such, the victims borrowed a considerable portion of the money from the victims to insurance customers, not insurance solicitors, and were intended to use it as the payment of premiums, living expenses, and repayment of debts.

Defendants are recorded in the list of crimes from around September 21, 2012 to around December 19, 2013, including the transfer of KRW 30 million to the Industrial Bank account (K) of Defendant A from the victim F.