A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was working as an insurance solicitor by the D insurance company located in the Daegu-gu B building C, and the victim E is the head of the above insurance company's branch.

On November 2016, the Defendant made a false statement to the effect that “The Defendant would attract an insurance contract on the face of the payment of insurance money on behalf of the customer, thereby receiving insurance premium or receiving allowances from the customer” at the above insurance company office.

However, in fact, the insurance that the defendant was attracting was formally concluded on the basis of a formal insurance contract such as the payment of insurance premiums by substitute for the purpose of paying allowances, etc., and it was not possible to receive a normal allowance. Since there was no certain property or income at the time and all of them were used for living expenses, etc., there was no intention or ability to pay the insurance money even if the victim paid the insurance money by substitute or borrowed the money.

Around November 9, 2016, the Defendant, by deceiving the victim as such, had the victim pay 510,000 won of the premium on behalf of the victim, obtained pecuniary benefits equivalent to the same amount from that time to December 1, 2017, and then received property or acquired pecuniary benefits equivalent to KRW 25,280,985 in total from that time until December 1, 2017, as shown in the separate crime list.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigative reports (Submission of Materials by Complainants), details of deposit transactions and investigation reports ( telephone conversations with policyholders who have joined a suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to the fraud crime.