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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 22, 2012, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. at the Seoul High Court, and confirmed on December 17, 2012, and served as an insurance designer in B (State) from September 1998 to March 201.
The defendant around July 2008, at the Seocho-gu Seoul Metropolitan Government C and D Council members from around 2002 to the victim D who was aware of the insurance contract relation from around 2002 to the insurance contract. The defendant would pay interest every month from the loan of money, and the principal would be returned at any time when the principal is required.
“.....”
However, in fact, while the defendant suffered an excessive loss due to stock investment, he did not have an intention or ability to repay the borrowed money even if he borrowed money from the injured party, because the defendant was under the prevention of the so-called return of the monthly insurance premium paid by another insurance contractor by receiving the money from the insured contractor as an advance payment insurance money.
Nevertheless, as seen above, the defendant deceivingd the victim D as such, and acquired on September 30, 2008 from the victim with the delivery of KRW 200 million from the victim as the gold, and acquired it by borrowing KRW 200 million on February 18, 2010.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of deposit transactions: A certificate of loan on September 30, 2008: A document verifying deposit on February 18, 2010: The criminal sentence on February 18, 2010: the sentence on January 23, 2014;
1. Criminal sentence (2) : The Criminal sentence (1) on November 22, 2012: the application of statutes on May 25, 2012;
1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;
1. The latter part of Article 37 of the Criminal Act, however, the reason for sentencing Article 39(1) appears to be against the Defendant, recognizing the instant crime.
The defendant was sentenced to imprisonment with prison labor for three and a half years from Seoul High Court and one-year from Cheongju District Court for each crime committed by the defendant as an insurance designer from March 201.