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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From April 19, 199, the defendant has been engaged in the settlement of insurance premiums paid by customers in prison life insurance companies that are victims from April 19, 199.
The Defendant, while having been in charge of the business of returning the premium already paid to the customer when cancelling the insurance coverage after paying the premium, was aware that if the customer who wants to buy the insurance policy cancels the payment of the premium to the customer by means of computer as if he did not return the premium to the customer, he would be able to receive the premium already refunded to the customer by manipulating the computer in the above way and by receiving the payment of the premium already refunded to the customer.
On October 21, 2010, the Defendant paid insurance premium of KRW 20,003,396 to the customer’s account when the customer, who is unable to know the name he/she intends to subscribe to insurance, paid the same amount as the customer’s account after cancelling the insurance policy. However, the Defendant was transferred KRW 253,739,668 in total on 36 occasions from the above date to June 3, 2014, by putting the victim’s name on the condition that the insurance premium was not refunded to the customer, making the victim in the same condition that the insurance premium was not refunded to the customer, thereby making him/her transfer the same amount as the refund amount of insurance premium under the name of the head of the passbook in the name of the Defendant.
As such, the Defendant acquired economic benefits by inputting false information into computers and other information processing devices.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Statement of deposit transactions;
1. Application of Acts and subordinate statutes on accusation or certificate of employment;
1. Relevant Article 347-2 of the Criminal Act and the choice of penalty for the crime, the choice of imprisonment;
1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders (the scope of recommending punishment)