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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
From April 2003 to September 1, 2008, the Defendant worked as an insurance designer at three floors and D offices of Ulsan C building, from December 20, 2012 to June 1, 2016, the three floors and F offices of Ulsan E building in Ulsan E and from June 20, 2012 to June 1, 2016.
1. On August 8, 2009, the Defendant against the victim G made a non-dividend of 3UP pension insurance to the victim at the victim G’s house located in Ulsan, Ulsan H, 103 Dong 804, “The insurance premium shall be paid in lump sum, and the amount shall be paid three times the principal amount from 60 years of age to 3UP pension insurance from 20 years of age.”
Therefore, the phrase “a request for 70,000,000 won is made so that the premium can be paid in lump sum.”
However, at the time, the Defendant was liable for approximately KRW 130,000,000, while there was no special property or revenue. Even if the Defendant received money from the victim as a premium, he was thought to pay only part of the premium for personal purposes, or to use the remainder for the purpose of using the insurance premium received from other insurers. In fact, the Defendant used the money actually received from the victim for the purpose of paying personal debts, living expenses, and paying insurance proceeds from other insurers, and there was no intention or ability to receive the principal or revenue from the insurance normally as agreed upon even if he received money from the victim.
In addition to KRW 50,000,000 paid out to the NAC’s account in the name of the Defendant around August 19, 2009 from the person who deceivings the victim as above, the Defendant was remitted to KRW 20,00,000,000, from the date of the damage.
In addition, from around that time to August 16, 2013, the Defendant received a total of KRW 98,140,000 from the damaged person under the name of insurance premium, such as the attached list of crimes (1) in attached Form 1.
2. On February 2013, the Defendant against the victim I by telephone to the victim I at a place that was not a policeman on early February 2, 2013, and on the same condition.