A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant was an insurance designer working in KRB life insurance company.

On October 27, 2012, the Defendant made a false statement to the victim C, a customer who purchased an insurance policy, that “if he/she has invested money, he/she would ensure the payment of principal and profit by operating it well.”

However, in fact, the Defendant had little balance in the account at the time, while working as an insurance designer, paid 70 million won or more per month for the performance of his insurance premium. Since there were no economic circumstances such as the price of goods unpaid to all business partners in the parallel with the interior business, even if he receives money from the damaged party for the purpose of fund management and investment, he did not have an intention or ability to pay the principal and interest to the victim through a normal investment.

After deceiving the victim and obtaining the consent of the victim, the Defendant acquired the total amount of KRW 130 million by transferring the amount of KRW 50 million to the new bank account in the name of the defendant from the national bank account of the victim to the new bank account in the name of the defendant on October 27, 2012, using the Internet banking ID, password, security card number, etc. notified by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. Details of transactions on national banks;

1. Application of Acts and subordinate statutes to a criminal investigation report (the detailed statement of monetary transactions between a complainant and a suspect), investigation report (the confirmation report, including the user of the acquired amount of the suspect);

1. The amount of money acquired by the Defendant through the instant crime is KRW 130 million, as stated in the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, and Article 347(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing of imprisonment is the maximum amount

Even though this court has been given several times the opportunity to reach an agreement at the request of the defendant, it still remains.