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A defendant shall be punished by imprisonment with prison labor for up to six 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
1. The Defendant is a person who runs an insurance business on May to June 2015.
On May 2015, the Defendant requested the victim D to appoint a lawyer in order to resolve multi-stage fraud cases at the office of the Seo-gu Incheon Metropolitan Government B C heading insurance agency in Seo-gu, Seo-gu, Incheon Metropolitan City. “In order to resolve multi-stage fraud cases, the Defendant made a false representation.”
However, even if the defendant receives the counsel fee, he did not have the intention or ability to resolve the multi-stage fraud case by appointing a lawyer.
The Defendant received KRW 2,300,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant and received a total of KRW 5,500,000 as shown in the attached Table 1.
2. On July 1, 2015, the Defendant committed a crime around July 2015 to August 1, 2015, by telephone, paid the victim “a person who entered into an insurance contract with his/her internal house and entered into an insurance contract instead of paying the insurance amount by not paying the insurance amount. He/she immediately pays the insurance amount and borrowed KRW 1 million,00,000,000,000,000,000.”
However, the defendant did not have the intent or ability to repay the borrowed money.
The Defendant received KRW 100,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant and received KRW 15,00,000 as shown in the attached Table 2.
3. On January 25, 2017, the Defendant committed the crime: (a) around January 25, 2017, the Defendant provided the victim with funds to the person who opens an insurance agency by telephone; (b) the Defendant provided the victim with funds to the person who opens the insurance agency; (c) there is a lack of KRW 5 million to pay the insurance agency and make business registration; (d) if the insurance agency borrowed KRW 5 million, the Defendant provided a false statement that he/she will repay the money borrowed up to 5 million in a lump sum without money.
However, the defendant did not have the intent or ability to repay the borrowed money to the victim.
The Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police with D 1.