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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Using the fact that the Defendant may receive allowances equivalent to 650-700% of monthly insurance premiums from an insurance agency in the following month when inducing customers to enter into an insurance contract, he/she had the customers enter into an insurance contract with the consent of the customers by presenting the condition that he/she will pay insurance premiums on behalf of them, and had them enter into the insurance contract with the consent of the customers, and prepared and submitted the written subscription for the insurance contract and received allowances at a high rate from the insurance agency.
On February 2, 2013, the Defendant entered into a contract for employment of insurance solicitors with the victim, stating, “AD insurance agency operated by the victim C in Daegu Jung-gu, as an insurance solicitor, who has served as an insurance solicitor in gold life insurance, and will raise the performance of the insurance contract so that D insurance agency can work as an insurance solicitor, so that business profits may accrue.”
피고인은 위 보험대리점에, 2013. 2. 25.경 E 명의로 작성된 한화생명 ‘사랑앤굿프라이스통합보험’ 관련 보험계약 청약서를, 2013. 2. 26.경 F, G 명의로 작성된 각 한화생명 ‘사랑앤스마트통합보험’ 관련 보험계약 청약서를, 2013. 2. 28.경 H 명의로 된 한화생명 ‘사랑앤굿프라이스통합보험’ 관련 보험계약 청약서를 각각 제출하였다.
However, in fact, each of the above insurance contracts was prepared with the consent of E, F, G, and H on the condition that the defendant pays the insurance premium on behalf of the defendant, and the defendant thought that the defendant would receive only the allowances from the following month and make an investment in other locations, as he pretended to have concluded a normal insurance contract, there was no intention or ability to maintain each of the above insurance contracts in a normal manner.
As above, the Defendant deceivings the victim as above, and thereby, against the victim, KRW 10,659,750 as an advance payment allowance for the contract portion in February around March 25, 2013, and against the contract portion in February around March 28, 2013.