A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 20, 2019, the Defendant was sentenced to imprisonment with prison labor and three years and six months at the Busan District Court for fraud, etc. on March 12, 2020.

The defendant is a person who has served as an insurance solicitor belonging to Busan Dong-gu B.

1. Around November 2014, the Defendant made a false statement to the effect that “F is working for the victim E in Busan Dong-gu, Busan, stating that only the C executives have invested, and that if investing KRW 20 million, the Defendant will give KRW 24 million after two years thereafter.”

However, the above facts did not have a separate place where only C executives make investments, and the defendant purchased another type of insurance product that pays KRW 1 million per month when he/she received money from the victim for the purpose of investment, and the remaining amount was personal, and there was no intention or ability to pay KRW 24 million to the victim according to the agreement.

Nevertheless, the Defendant received KRW 10 million from the victim on November 19, 2014 and KRW 20 million on or around the 24th day of the same month from the victim as the Defendant’s agricultural bank account in the name of G to the agricultural bank account in the name of G.

2. On March 25, 2015, the Defendant: (a) by deceiving the said victim from the said F in the same manner as the foregoing paragraph 1; and (b) received KRW 20 million from the victim to the Agricultural Cooperative account in the name of the Defendant G in the same day; and (c) received money from the victim under the name of G.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 40 million, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Insurance policy and investigation report (Submission of materials who have filed a complaint);

1. Records before and after judgment: Criminal records, investigation reports (verification of cases of the same kind A and pending trials) and application of Acts and subordinate statutes stating the accused's statement in court;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.