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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On May 30, 2017, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the main sentence of the Gwangju High Court, and the judgment became final and conclusive on June 8, 2017.
[Criminal facts] The Defendant is a person who served as an insurance designer belonging to the school life-related company.
On July 7, 2014, the Defendant, at the victim D’s house located in Yansan-gu, Jeonju-si, Jeonnam-si, the Defendant, “If the Defendant terminated the existing Samsung Fire Insurance Policy, and then subscribed to the correctional life insurance with the money, he/she is entitled to the same guarantee as Samsung Fire Fire Loss Insurance.
If the insurance premium is paid in a lump sum, it may be paid a pension from ten years after the payment of the insurance premium.
If the principal deposits KRW 18,761,00 to the national bank account in the name of school E, he/she falsely stated that he/she will enter into an immediate contract in the office.
However, at the time of the fact, the Defendant had almost never entered into a contract due to the business depression from April 2014, and the obligation of financial institutions, such as apartment mortgage loan and commercial loan, is equivalent to KRW 250 million per month, and paid a premium of at least KRW 30 million per month. The Defendant should pay an employee’s wage of at least KRW 50 million every month. Since the insurance company’s debt redemption obligation exceeds the debt amount of KRW 4-50 million due to the excess of the debt amount of KRW 4-50,000 per month, even if the insurance premium was paid from the injured party, the Defendant did not have the intent or ability to pay the above insurance premium, and was used to pay the insurance premium in the way of so-called return the insurance premium subscribed under the name of another person.
As such, the Defendant, by deceiving the victim, was transferred KRW 18,761,00 on July 31, 2014 from the victim, to the national bank account in the name of E, who used the Defendant, for the purpose of insurance premium.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Complaint;
1. Each investigation report (the F phone call in charge of teaching life and the complainants shall submit it;