beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2015 Highest 1057] The Defendant was an insurance solicitor belonging to Epis Epis Epis Co., Ltd., a sales company of insurance financial products.
Around November 2009, the Defendant, at the above company's office located in Samsung 2, Gangnam-gu, Seoul, Samsung 2, 143-40 Hyundai 14, saying, “A plan is available to donate property to grandchildren without a sporade,” the Defendant made a false statement that “I will subscribe to insurance in the name of grandchildren to prevent any problem of gift tax, and design insurance so that the highest profits can be guaranteed.”
However, at the time, the Defendant, as a business employee with excellent business performance, received allowances of KRW 15 million per month from the above company to KRW 20 million. However, the fact that the Defendant, however, had been in a state of business performance by having customers with no ability to pay insurance premiums maintain insurance contracts in an unreasonable manner and the Defendant paid insurance premiums on a monthly basis.
Therefore, even if the victim receives money from the victim, only a part of the money is paid as insurance premiums for the victim, most of the money was used voluntarily for the payment of insurance premiums, etc., and there was no intention or ability to use all the money received from the victim as insurance premiums for the victim because the plan was planned to supplement the shortage when receiving insurance premiums from other customers or receiving allowances.
The Defendant, by deceiving the victim as such, received from the victim the remittance of KRW 45 million on December 22, 2009, KRW 80 million on December 31, 2009, KRW 223,000,000 on April 19, 2010, and KRW 348,000,100 on a total of KRW 348,00,000 on December 19, 201.
[2015 Highest 1104] The Defendant was an insurance solicitor belonging to the above Epis Epis Epis Co., Ltd.
The defendant around March 2010, at the office of the above company around the end of March, 201, is the victim D (V, 39 years of age).