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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
From May 25, 2008 to operate an insurance agency with the trade name "G" on the second floor of the Daegu-gu F building, the Defendant is a person engaged in the solicitation, sales, insurance premium collection and payment, etc. of insurance products of the Korea Life Insurance Co., Ltd., and the victim H was recommended by the Defendant from around August 31, 2010 to join three Korea Life Insurance Co., Ltd.’s non-payment V-Dex pension insurance (securities number: I, J, and K).
1. Occupational embezzlement;
A. On May 16, 2012, the Defendant: (a) received KRW 10 million from the victim to the effect that it would be paid in order to cover the intermediate withdrawal of the amount of variable pension insurance (securities number: I) that was withdrawn from the victim around February 23, 2012 at the victim’s house located in Daegu-gu L apartment No. 109 Dong-gu, Daegu-gu, 1301; (b) and (c) embezzled it for the victim’s personal purpose at his/her own expense.
B. Around July 6, 2015, the Defendant received 12 million won from the victim H to the effect that he/she would be able to cover the early withdrawal of the variable pension insurance (fact-finding loan) that was withdrawn from the mid-to long-term early July 3, 2015, and embezzled by arbitrarily consuming it for personal purposes around that time.
2. Fraud;
A. On October 16, 2013, the Defendant made a false statement that “Around October 16, 2013, the victim H shall be paid KRW 9 million until February 28, 2014, if the Defendant borrowed nine million in money, and the principal shall be paid KRW 1.5 million per month.”
However, the Defendant, at that time, was bearing a number of obligations to financial institutions, etc., and, in the case of the Daegu-gu M apartment No. 102, 305, which is the only property, there was a set of a mortgage worth 21,7260,000 won in total, the maximum debt amount. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the principal
The Defendant is the victim.