A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 15, 2016, the Defendant agreed to perform the solicitation of insurance contracts, such as the brokerage of insurance contracts, etc. at the location of the victim D Co., Ltd. in Seocho-gu Seoul Metropolitan Government as an insurance designer, and to pay the agreed fees, prizes, etc. from the victim company.

Accordingly, around October 26, 2016, the Defendant entered into an insurance contract with E and KB citizens to pay KRW 135,620 per month’s monthly insurance premium for life-long life-insurance products. From June 30, 2016 to November 21, 2016, the Defendant entered into a total of 89 insurance contracts as shown in the attached Table 1 column from around June 30, 2016 to around November 21, 2016, and paid insurance premium to the victim company at least eight times in the name of each insurance contractor.

However, the above 89 insurance contracts are not genuine contracts concluded by insurance contractors with the idea that they will continue to maintain insurance contracts and pay monthly insurance premiums, but the defendant subscribed to insurance for lower-ranking employees who did not prepare for membership fees to be paid to multi-level companies in the course of recruiting lower-level members by joining a multi-level company as a member of the chinese Co., Ltd. at the time, and the defendant used the recruitment fees to pay part of the insurance premiums for lower-level employees at the monthly venture business, and made it possible for the insurance contracts to be terminated or invalidated in light of the circumstances of the subscription. As such, the insurance contracts concluded as mentioned above were possible in light of the circumstances of the subscription. At the time, the defendant was able to pay the insurance premiums only if he starts business without any particular capital and is able to pay the insurance premiums on behalf of the insurance contractors, and there was no intention or ability to have the insurance contractors pay the insurance premiums so as not to terminate or invalidate the insurance contracts concluded as above.

Nevertheless, the defendant proposed 89 in the name of E, etc. as above.