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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.
Reasons
Criminal facts
1. On May 2008, the Defendant, at the Defendant’s house located in Songpa-gu Seoul Metropolitan Government, where he had been employed as an insurance solicitor C, said that “The victim E was not paid insurance allowances, etc. because the insurance covered in the name of B by unpaid insurance money is invalidated. However, even at present, insurance allowances may be paid, and some of the insurance money may be withdrawn. If the Defendant borrowed 22 million won, he/she may take account of the invalidated insurance, and then, he/she will withdraw part of the insurance money and pay the insurance allowances up to one week.”
However, the defendant did not have the intent or ability to repay the debt as promised to the victim even if he received the advance payment of the insurance money and the insurance-related allowances.
On June 2008, the Defendant borrowed 220 million won from the victim and restored 20 million won to June 2008, the Defendant paid 18 million won as insurance premium (in June 20, 2008, paid 1,089,912 won monthly allowances) and 2.5 million won out of the above money, and used 12.5 million won as Defendant’s debt repayment and living expenses.
At the time of the above, the insurance purchased under the name of the defendant on June 2006 (hereinafter the same shall apply) was in the status of 1 million won in total for two-month insurance premiums, and the insurance purchased on May 2006 was in the status of 7.5 million won in total for 15 months insurance premiums, and was in the status of lost, respectively, after payment on May 2006.
As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 22,00,000,000 from the victim around June 2, 2008 and KRW 2,000,000, around June 5, 2008, by deceiving the victim.
2. On July 2009, the Defendant attracts investment in “investment company” in the form of “investment company” without any fixed income after the Defendant left the C Insurance Company.