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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who served as an insurance designer in Samsung T&A Co., Ltd. (hereinafter “ Samsung Fire”), and is the victim’s fraud.
1. On November 6, 2008, the Defendant, in breach of trust against the victim D, entered into an insurance contract in the name of the victim, after receiving an insurance contract from the victim, and receiving cash of KRW 10 million around November 26, 2008, with which he received an insurance contract from the victim, and purchased the insurance contract in the name of the victim, and changed the name of the victim’s pension benefits in the name of the defendant on October 6, 2009, on the ground that the victim’s pension benefits, etc. were changed to the name of the defendant. Accordingly, the Defendant maintained the insurance contract so that it can be delivered to the victim upon the expiration of the maturity of the above insurance contract, and the duty not to receive or terminate the said insurance contract with cash refunds secured by the above insurance money.
Nevertheless, the Defendant in violation of this duty used the refund money of the above insurance amount of KRW 7,00,00 on October 7, 2009, KRW 480,000 on October 23, 2009, and KRW 120,000 on December 30, 209 as a loan of terms and conditions, and received the payment of KRW 240,809,000, which is the remainder after deducting the principal of the above loan and interest thereon, from the cancellation of the above insurance contract on March 2, 2011.
As above, the Defendant acquired the pecuniary advantage equivalent to the total amount of KRW 8,648,370 in violation of his/her duties while conducting administrative affairs for the victim, and caused a loss equivalent to the expected amount of refund that could have been received at the time of maturity of the said insurance contract to the victim.
2. On January 13, 201, the Defendant, at Samsung Fire C, and around September 16, 2009, entered into an insurance policy with the Defendant’s solicitation of the Defendant, the Defendant, from D, is the Defendant, the insurance contractor of the non-dividend Samsung C, which he purchased at the Defendant’s request.