A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2016, the Defendant received some insurance allowances to be paid to the insurance designer as debt repayment to C when he/she purchases a life insurance policy of D, which is a paper of C, around June 2016.

After that, the defendant introduced D with gambling funds, etc. to the victim E, and promised to receive some of the insurance allowances from the victim to receive the insurance, and had the victim arbitrarily use the said insurance allowances without paying C.

On June 30, 2016, the Defendant made it possible for the victim to enter into a life insurance contract (monthly insurance premium of KRW 3.7 million) under the name of D, and made a false statement to the victim around July 4, 2016, stating that “The Defendant would first pay insurance allowances to be paid in the future because the life insurance for D can be maintained normally.”

However, in fact, the defendant was aware that he would cancel the above insurance contract if he received the above insurance allowance and did not pay the debt to C, and he was thought to be used individually, so even if he received the above money, he did not have any intention or ability to maintain the above life insurance contract.

Around July 4, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10,000,000 from the victim to the single bank account under the name of the Defendant; (c) KRW 1,00,000 from the same account on July 18, 2016; and (d) KRW 7,80,000 from the same account on July 25, 2016.

On July 29, 2016, the Defendant would have the victim receive insurance allowances by having the victim conclude and maintain an additional life insurance contract (2 million won per month) under the name of D.

A false statement was made in that part of the insurance allowances of the above insurance contract were paid in advance.

However, in fact, the defendant did not pay the above insurance allowance to C and did not have the intention or ability to maintain the above insurance contract because he wishes to use it individually.

The defendant deceivings the victim as above and belongs to it.