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

Punishment of the crime

In fact, the Defendant did not have any special property, and the credit rating was 9-10 degrees at the lowest around August 2015, and around November 2015, it was difficult for the Defendant to expect profits from the termination of the existing insurance contract, etc. more than the amount that the Defendant would have to return to the company due to the termination of the existing insurance contract than the amount that the Defendant would have to receive with incentives from the insurance company working for the Defendant. Therefore, even if the Defendant borrowed money from the victim F for the purpose of maintaining the insurance contract of the existing customers, there was no intention or ability to repay it.

Nevertheless, the Defendant, at around August 8, 2015, is entitled to attract new insurance customers or receive incentives to maintain existing customers’ insurance contracts. The Defendant is entitled to full payment of interest and borrowed money with incentives until the end of the year when he/she lends money to the said victim to maintain the insurance contract.

“Falsely speaking, from the time when the victim was remitted KRW 20,00 to the account in the name of the defendant on the same day from April 29, 2016, all of which, as shown in the list of crimes attached hereto, deceiving the victim on 53 occasions from the time to April 29, 2016, the victim received the total sum of KRW 48,852,317 from the victim on the pretext of borrowing, such as the cost of maintaining the insurance contract, the cost of paying the customer’s insurance premium, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A complaint, details of account transactions, copy of passbook, copy of a loan certificate, and a statement of payment of fees;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are partially recognized and contradictory to the defendant.

However, the defendant, who has difficulties, is partly responsible for the victim.