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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, while working as an insurance designer in Korea Life Insurance Co., Ltd. as an insurance designer, was in need of money to be used as personal debt repayment, living expenses, etc., with the intention to obtain money from the victim B (56 years old) who was known to the general public as being insured.
On February 2, 2009, the Defendant subscribed to insurance products at the house of the victim B (V, 56 years old) located in the Dong-gu, Yongsan-gu, Sinsan-si, Youngdong-gu, the Defendant: “The principal of which was 10% interest; the principal of which was repaid after 1-2, shall be subscribed to the fund goods, which was redeemed after 1-2.50 million won check.
“The purpose is to make a false statement.”
However, the fact was that the defendant received KRW 50 million from the injured party and deposited it into the account in the name of D, and again he was a plan to use it to repay living expenses and personal debts by transferring it to the national bank account in the name of the defendant, and there was no intention to buy insurance for the injured party.
As such, the Defendant, by deceiving the victim, obtained a copy of the original check from the injured party on February 5, 2009 and acquired it by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to a report on investigation (including the list of evidence Nos. 8 and accompanying materials);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confessions and reflects of the defendant, the fact that the injured person is not punished against the defendant in agreement with the victim, and the first crime);