A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 9, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Seosan Branch of the Daejeon District Court on April 25, 2013 and completed the execution of the sentence.

From March 2016 to June 2016, the Defendant worked as an insurance solicitor at C Co., Ltd. (hereinafter “C”) for the purpose of carrying out insurance agency business, etc. located in B in the Yansan-gu Seoul Metropolitan City (hereinafter “C”).

C Under the condition that the insurance solicitor's mandatory maintenance for 13 months to 24 months according to each insurance contract he/she has recruited, 690-890% of the insurance subscription fees of 1,000% shall be paid first to the insurance solicitor in the following month of the insurance subscription, and the remainder 110-310% of the insurance subscription fees shall be paid in installments for 13 months to 24 months, and where the insurance solicitor's insurance contract solicited is terminated or invalidated even without the above mandatory maintenance period, it is difficult to recover the fees in advance from the insurance solicitor's maintenance period, but in fact, it is difficult to recover the full amount of the fees in advance.

The defendant used the aforementioned prior payment system and vulnerability in the insurance solicitation fee system and the insurance solicitation fee system as above, thereby making the conclusion of the insurance contract in the name of himself, his family, and his branch, and paying the first-third insurance premium on behalf of the defendant, etc., and then C received the prior payment of the insurance solicitation fee from C, promptly filed a civil petition with the insurance company or did not pay the insurance premium.

Therefore, on March 10, 2016, the defendant requested D, a partner of the defendant, to purchase the life insurance contract equivalent to KRW 195,600 of the monthly insurance premium of E insurance company in the name of D, and filed an application for the insurance solicitation fee to C.

However, the defendant did not have the intention or ability to maintain the above insurance contract.