1. The defendant shall be punished by imprisonment with prison labor for a year and eight months;

2. The applicant for compensation shall be dismissed;

Punishment of the crime

The defendant around November 2010, in the residence of the victim C in Gwangju-gu, Gwangju-gu, and the return on profit is higher and the principal is guaranteed as the defendant can see the benefit of the fee when operating the fund in the name account in his own name.

An investment shall be made to B, rather than inserting installment savings.

It is intended to return higher earnings.

“.......”

However, in fact, the defendant borrowed money to raise the insurance premium of insurance products that he purchased as an insurance designer of the life insurance company to raise the insurance performance, and even if he received money from the damaged person as the name of investment, he only intended to pay the defendant's personal debt. In fact, there was no plan to invest or operate the funds, so there was no intention and ability to pay the profit as agreed upon by the victim.

Nevertheless, on November 12, 2010, the Defendant was paid KRW 30 million to the bank account (F) in the name of the Defendant on November 12, 2010 from the injured party, as the said false statement.

The Defendant, not later than March 24, 2015, as shown in the list of crimes in attached Form 20 times, deceiving the victim and received a total of KRW 280 million from the victim as investment money.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols and statements made by the police with regard to C (second time);

1. Application of Acts and subordinate statutes on bank transfer certificates, details of financial transactions, statement of account transactions, and suspect Gwangju Bank G account transactions in the name of the suspect;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 32(1) and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (see, e.g., Supreme Court Decision 2006Da1468, Apr. 2, 2006).