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A defendant shall be punished by imprisonment for eight years.
Reasons
Punishment of the crime
The defendant has served as an insurance designer of Samsung Life Insurance Co., Ltd. from September 200 to October 2015.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);
A. On March 30, 2009, the Defendant made a false statement to the victim C and the victim D (the victim’s husband and wife) that “In the residence of the victims under the Daegu Suwon-gu E Apartment-gu 105 Dong 806, the victim made an investment of KRW 10,000,000 in the Samsung Life Insurance Company, a non-public investment product with interest of KRW 2,50,000 per month, and the product can make an investment only in the name of the insurance designer.”
However, there was no such investment product, and even if the Defendant received money from the victims as the name of the investment fund, it was thought that it would be used as living expenses, etc., and thus there was no intention or ability to return the investment fund or to pay the interest properly.
Nevertheless, the Defendant: (a) by deceiving the victims as above; and (b) received KRW 5,650,000 from the victims as investment money around April 30, 2009; and (c) thereafter received KRW 646,120,000 in total over 38 occasions from September 3, 2015, as shown in [Attachment Table 1], from September 3, 2015.
B. On July 18, 2012, at a place where the victim F’s location is unknown, the defrauded F made a false statement to the effect that “The victim F would pay additional insurance money to the victim F by phone call to the victim F, but only the person who was insured for Samsung Bio-resources would pay additional KRW 10 million to the victim.”
However, there was no such investment product, and even if the Defendant received money from the injured party as the name of the investment fund, it was thought that it would be used as living expenses, and thus there was no intention or ability to return the said investment fund or to pay the interest properly.