A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant used the structure that would receive certain fees from the victimized Company on the 27th of the following month, regardless of whether the insurance contract is maintained after the conclusion of the insurance contract, as the head of the branch office in the Seo-gu Seoul Special Metropolitan City, Seo-gu Seoul Special Metropolitan City Office of Insurance Brokerage Co., Ltd., to purchase insurance products under the name of the neighboring person who has no intention to purchase insurance, and to obtain the fees from the victimized Company by paying insurance premiums only for a certain period of time and making the insurance contract effective later.

On September 11, 2018, the Defendant subscribed to insurance products equivalent to KRW 1,004,920 of monthly insurance premium of “E” in the name of the branch office of the victimized Company D.

However, in fact, the defendant did not have the intention or ability to maintain the above insurance contract as a plan to invalidate the insurance contract because he did not pay the insurance premium after borrowing the name of the defendant and receiving the fee.

Around October 27, 2018, the Defendant: (a) by deceiving the victimized Company; (b) received KRW 7,547,269 from the victimized Company the remittance of KRW 7,547,269 in the name of the Defendant from the F Bank account (G) in the name of the Defendant; and (c) received from the victimized Company the remittance of KRW 94,836,51, total sum of KRW 17 times from the victimized Company by February 27, 2019, as described in the list of crimes in the separate list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint filed for the preparation of H;

1. A certificate;

1. A criminal investigation report (Submission of a written confirmation of a complainant);

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect F Bank and I Account Transactions Statements);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 62-2(1) of the Criminal Act concerning community service order, protection observation, etc.