2016 Highest 213 Fraudulent

doorA (69 years, inn), sale of cosmetics;

Residence

Reference domicile

U.S.C. (A.S.) No. 554, Dec. 1, 201

Attorney Kim Yong-Hy (Korean National Assembly Line)

April 15, 2016

Defendant shall be punished by imprisonment for a term of one year and six months.

Criminal facts

From February 2, 2014 to August 2014, the Defendant was an insurance solicitor with the position of the head of the team at the name seal office of the victim company located in the victim Council No. 907, the victim company, at the south-gu, 000 00 00 00 .

The victims are composed of several teams that sell insurance products through a consignment contract with multiple insurance companies. Each team is composed of the team leader and team members who are insurance solicitors, and each insurance solicitor has received new contract fees, insurance maintenance allowances, etc. at the time of concluding the insurance contract, and the team leader has operated the structure that additionally receives organizational fostering allowances, etc.

When entering into an insurance contract as above, the Defendant: (a) concluded a false insurance contract by abusing the personal information of those who did not purchase an insurance contract; and (b) concluded an insurance contract by paying insurance premiums between 1 and 30,000 and effective payment of insurance premiums.

On February 27, 2014, the Defendant made a false subscription form for an insurance contract as if the former B, who is a son at a pre-person branch, had subscribed to the ‘life insurance' continued to be paid monthly insurance premium of 150,000 won for the modern marine insurance, and submitted it to the employee in charge of the victim.

On March 25, 2014, the Defendant received 529,920 won for a new contract fee and insurance maintenance allowance from the victim. From that time to August 25, 2014, the Defendant pretended to have concluded a total of 83 normal insurance contracts by the same method as the attached crime list, and received KRW 71,233,446 in total from the victim to 102 times in total as the name of a new contract fee, insurance maintenance allowance, organization promotion allowance, etc.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Article of the Act and the selection of punishment for the crime;

Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

1. Recommendation type of the sentencing criteria;

○ Type: General Fraud (less than KRW 100,000)

○ Special Convicts: Where a person has committed repeatedly over a considerable period of time (aggravating factors), the victim;

Where serious damage has been caused (aggravated factor) the method of commission of crime is very poor (aggravated factor).

○ Scope of Recommendations: Imprisonment for one year to three years (special aggravation)

○ General Convicts: Serious reflectives (Mitigations)

Whether suspended sentence is suspended or not: Recommendations of sentence

-The reasons for negative reference: Unagreement in the event that the method of commission is very poor;

- Reasons for negative general participation: Where a person has committed repeatedly over a considerable period of time;

- positive reasons for general participation: Serious reflector, and there is no criminal conviction or more than suspended sentence.

2. Additional considerations.

The criminal law is very poor, such as abusing the structure of entering into insurance contracts and paying allowances.

○ It appears that the commission of various insurance companies and repeats crimes with similar contents.

○ Most of the damages have not been recovered, and substantial victims have serious economic and mental suffering.

There is appeal.

○ The age, character, conduct and environment of the defendant

3. Determination of sentence;

Imprisonment for a year and six months;

Judges Juk-man

- The omission of a list of offences below hereinafter