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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is an insurance solicitor of the sub-chapter C branch in Suwon-si from September 2001 to August 1, 2012, who served as an insurance solicitor of the sub-chapter C branch in Suwon-si.
1. Around May 21, 2012, the fraud Defendant made a false statement to the effect that “The Fund goods have been made more profits than the first subscribed goods, and 20 million won will be made available to the victim upon subscription,” at the victim E’s home located in Young-gu, Young-gu, Young-gu, 110 Dong 702.”
However, the Defendant had only a debt worth KRW 20 million with no particular income or property at the time, and even if he/she had invested in another place and received money from the victim, he/she did not intend to use his/her debt repayment and living expenses, etc., and did not have any intent or ability to invest in the fund from the beginning as he/she received money from the victim.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the national bank account in the name of the Defendant under the name of the victim for the same day as the fund subscription fee, and received KRW 80 million from around that time to August 30, 2012 from around four times as indicated in the list of crimes in the attached list of crimes.
2. Around August 31, 2012, the Defendant: (a) around August 31, 2012, in the victim E’s residence, destroyed three copies of the receipt (section 2,00,000 won 1 and 10,000 won 2) written by the Defendant, which had been on his/her customer, to the victim.
Accordingly, the defendant damaged the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of the Acts and subordinate statutes on complaint, complaint, statement of payment, certificate of person, confirmation of financial transaction content, receipt, and copy of passbook;
1. Relevant Articles 347(1) and 366 of the Criminal Act, and the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.