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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On June 4, 2015, the Defendant, due to the substitute payment of insurance premium, subscribed to the “D Insurance” and “E Insurance” of the Company C through the victim B at an unsound place, but was unable to pay the insurance premium properly, following the occurrence of a situation in which the Defendant was unable to pay the insurance premium properly.
7. Around 31, around 31, the head of the Defendant’s operation, which is located in a unsound place not more than F in Changwon-si, Changwon-si, called “I will pay the amount of KRW 990,507 of life insurance premium and KRW 137,000 of cancer insurance premium in lieu of the victim in a restaurant. I would like to pay the amount as soon as possible at the early stage. I would like to pay the insurance money with the money after selling and buying it.”
However, since the defendant did not have any specific profits at the time and did not own the Haban-gun, the defendant did not have any intent or ability to pay the premium even if he received the premium from the victim.
Nevertheless, the Defendant made a false statement as above, and paid 90,507 won and 137,000 won respectively from the victim on July 31, 2015. Moreover, from around that time to May 31, 2016, the Defendant had the victim pay 9,736,563 won on behalf of the victim, as indicated in the separate list of crimes.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. On October 22, 2015, the defrauded made a call to the victim at an unspecified place and made a statement to the effect that “the Defendant would pay off money in return for an urgent use of money.” However, the Defendant not only did the restaurant business run at the time but also did not pay the premium properly as stated in paragraph (1) of the facts charged, and thus, the Defendant did not have any intent or ability to pay the money even if she borrowed money from the victim.
Nevertheless, the defendant deceivings the victim as above and belongs to it.