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Defendant
A Imprisonment for 6 months, 2 years of imprisonment for Defendant B, 1 year of imprisonment for Defendant C and 10 months of imprisonment for Defendant D.
Reasons
Punishment of the crime
The victim O Co., Ltd. is a corporation operating insurance business, and Defendant B is responsible for the receipt of insurance solicitors, management, and the encouragement of contract performance at Q. 17th floor of the victim company in Daegu-gu P building at Q. 17th floor. Defendant D, L, N, H, C, G, G, I, J, K, K, A, F, and M are insurance solicitors at the above point.
When concluding a new insurance contract, the Defendants received a new contract fee calculated by multiplying the monthly payment premium from the victim company by the conversion rate of goods by insurance solicitor and the payment rate by separate insurance solicitor, with the knowledge that some of the new contract fees can be paid in advance in the month in which the date the contract is concluded, the Defendants intended to obtain a normal insurance contract and to obtain an insurance contract between the policy holder who does not intend to pay the insurance premium and the victim company by transferring the insurance premium of the policy holder to the account of the policy holder in the R account managed by Defendant B, Defendant B's paper S, T account, etc., and to make the insurance premium transfer automatically, and to obtain each fee if it is impossible to pay the insurance premium on behalf of the policy holder.
1. Joint criminal conduct by Defendant A and B;
A. On August 24, 2016, the Defendants: (a) around August 24, 2016, concluded an insurance contract with the victim company as if the policyholder U paid the premium at his/her own expense and maintained the insurance contract normally; (b) O-type two (central security) insurance contracts consisting of KRW 316,800 of monthly paid premiums.
However, in fact, the above insurance contract was expected to be effective and paid for a certain period of time, and there was no intention or ability to maintain the insurance contract by paying the insurance premium normally.
The Defendants conspired to induce the victim and receive KRW 898,128 from the victim in advance under the pretext of advance payment fee.