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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From October 2006, the Defendant sold insurance products by AIA insurance company from the name of "E" located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and had been receiving allowances from the above company when attracting insurance. Around 2007, the Defendant was aware of the victim F with providing insurance-related advice.
However, since 2008, there have been many cases where customers who subscribed to the insurance from around the time limit for payment of medical insurance premiums by the defendant, and the defendant, in the case of the defendant, returned to the company the sum of the cost of maintenance up to a certain percentage of the cost of maintenance in the allowances received from the above AI company. As such, the defendant paid the insurance premium to his own money and maintained the customer's insurance policy while paying the insurance premium on behalf of the customer.
In 209, the Defendant did not have any special property other than the property to be used for the cost of living, and the profit from the insurance business alone was insufficient to use for the payment of the insurance premium for the customer as above. If the Defendant borrowed money from the victim, he was willing to use the money for the payment of the insurance premium for the customer. Thus, even if he borrowed money from the victim, the Defendant did not think of the use of the money as notified to the victim, and did not have any intent or ability to pay the money normally from the victim.
On January 31, 2009, the Defendant: (a) made a false statement to the victim that “a multi-household house located in the original district of Gangwon-do is located in the original district of Gangwon-do; (b) the previous revenue does not refund the deposit for lease; (c) the Defendant borrowed KRW 40 million from the lender to the national bank account (G) account in the name of the Defendant on the same day; and (d) received a remittance of KRW 20 million from the victim to the national bank account (G) account in the name of the Defendant from July 14, 2010; and (e) received the money by fraud from the victim on six occasions from that date until July 14, 2010.