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A defendant shall be punished by imprisonment for not more than ten months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2018 Highest 5181] On September 22, 2017, the Defendant made a false statement to the effect that “The Defendant, who is an insurance solicitor, entered into an insurance contract with borrowed money and would return the principal and interest upon the lapse of one to two months due to the lack of insurance performance.” If the Defendant borrowed KRW 15 million as interest, 750,000 won as interest and repaid the principal and interest at the end of November.”
However, in fact, the defendant did not talk as if he had insufficient insurance performance in order to borrow money from the victim. Even if he received money from the victim, he was planned to use it to pay other debts of the defendant without using it in concluding an insurance contract, and even if he borrowed money from the victim, such as being seized with cumulative debt burden, there was no intention or ability to pay it.
Nevertheless, the Defendant received KRW 15 million from the victim as the borrowed money on the same day from the victim, and received KRW 13 million from the victim in the name of the Defendant, and acquired KRW 28 million in total by remitting KRW 13 million by the same method around December 8, 2017.
[2019 Highest 773] On January 31, 2018, the Defendant made a false statement to the victim F on phone calls from the Seoul Special Metropolitan City (hereinafter referred to as “Seoul”) to the effect that “If the company enters 10 million won to three team teams, the company would pay 500,000 won interest along with the principal after one month, the company will participate in the event to pay the principal and interest.”
However, in fact, there was no exercise of principal and interest after one month when inserting KRW 10 million in the company, and there was no intention or ability to pay the principal and interest after one month after paying in the company account even if the victim received money from the victim, and therefore there was no intention or ability to pay the principal and interest.
Nevertheless, the defendant deceivings the victim as above.