A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The Defendant is an insurance solicitor at C (State) interest points.

[2012 Highest 2637] The Defendant borrowed money from another person to invest in solar power generation projects, and was liable for an amount exceeding KRW 700 million due to unreasonable insurance solicitation expenses, etc., the Defendant was willing to receive money from another person by soliciting the remainder of the insured who did not cope with it to subscribe to an amount-variable insurance product that guarantees a high interest, and used it to pay the Defendant’s debt.

On July 15, 2009, the Defendant made a false statement to the victim E in the victim E’s residence located in Heung-gun, Goung-gun to the effect that “if there is a good with high interest rate among C products, it will be admitted.”

However, in fact, even if the victim received the money from the victim as the purchase of insurance, he did not have any intention or ability to subscribe to the amount-variable insurance product by C.

The Defendant received 11 times a sum of KRW 130,850,000 from the victim, i.e., KRW 20 million from the victim, and from around that time to July 28, 2011, the Defendant received KRW 130,850,00 from the victim.

[2012 Highest 2958] Around October 12, 2011, the Defendant said that “I will use only one week if I lend 11 million won to the victim G, because there is a place where I would have to prevent money.”

However, in fact, it is difficult to borrow money from another person to invest in solar power generation projects, and to bear approximately KRW 700,000,000 due to unreasonable insurance solicitation costs for compensating for losses to principal due to insurance solicitation, and thus, it is difficult to accept the premium and use it at will to pay the defendant's debt.