2017 Highest 911 Fraud

A person shall be appointed.

Kim Yong-I (Court Prosecutions) and the highest court (Courtrooms)

Attorney B (Korean National Assembly)

June 28, 2017

A defendant shall be punished by imprisonment with prison labor for not less than five months in the calendar.

Criminal facts

From August 2015 to March 2016, the Defendant served as an insurance solicitor at the location of the victim located in Busan Metropolitan City C (State) D branch.

The above branch is a company that sells insurance products upon entering into a consignment contract with a number of insurance companies, and when an insurance solicitor engages in insurance solicitation, he/she is engaged in business in the manner of paying to the insurance solicitor after deducting taxes and the profits of the victim company from the insurance company.

On August 31, 2015, the Defendant submitted an insurance subscription form to E and made it concluded an insurance contract by pretending that F would normally buy variable life insurance for AIA life at the same point.

The Defendant received, through E, KRW 44,374,80,00 in total insurance solicitation allowances from the victim company around September 25, 2015, including the payment of KRW 3,845,11,00 from the victim company around September 25, 2015, and the Defendant received 44,374,80 won in total from around 12 times as stated in the attached crime list. However, in fact, F, etc. made an offer to believe the Defendant’s promise to pay the insurance premiums on behalf of the victim and did not have any intent or ability to pay the insurance premiums normally. While the Defendant did not have any particular property at the time, the Defendant did not have any obligation to pay the insurance premiums in excess of KRW 60,00,00,00 and the insurance premium paid from the victim company did not have any economic difficulty, such as the cost of the medical device sales business and the cost of living.

As a result, the defendant by deceiving E, received property from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaint;

1. Details of withdrawal transactions, details of insurance contracts, notes, details of deposit transactions, requests for cooperation in investigation and replies, subscription forms for insurance contracts, and each investigation report (Nos. 15 through 23);

Application of Statutes

1. Article applicable to criminal facts;

Article 347 (1) of the Criminal Code

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

[Extent of Recommendation] General Fraud Type 1 (less than KRW 100 million)

【No Special Convicted Person】

【Determination of Sentence】

The punishment shall be imposed as ordered by the defendant, even though the number of crimes by the defendant is bad, and the amount of fraud exceeds KRW 40 million, and is not properly recovered from damage. The punishment shall be determined as ordered by the order, considering the following: (a) there is no criminal record of the same kind and the depth of the crime; (b) the payment of a certain amount (8.5 million won) is made; and (c) the defendant's age, character and behavior, environment, circumstances leading to the crime, means and methods of the crime; and (d) the

Judges Man-hee et al.

A person shall be appointed.