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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On December 8, 2016, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on May 22, 2017.
【The Defendant is the representative of the insurance broker company, located in the Namdong-gu, Incheon. Around November 2012, the Defendant suffered a loss equivalent to KRW 200 million in operating the company. From January 2013, it was unable to conduct business for five months after being audited by an insurance company’s audit team. From April 2013, the Defendant expanded the insurance business, but up to December 2014, the Defendant suffered a loss equivalent to KRW 100 million. Around January 2015, the amount of loss was very good and less than KRW 200 million in the management status of the company, and there was a lack of funds. While there was no special property or income, the Defendant received money from around 2013 from the victims as investment funds or debt settlement for other creditors, i.e., return of the principal and interest of the fire-fighting officers to investors, but did not receive money from the victims as above for the purpose of the crime and did not receive money from the victims.
1. Around October 31, 2013, the criminal defendant against the victim E made a false statement to the victim E that “A large amount of insurance contracts may be concluded when investing money to B, and the proceeds will be paid not only to guarantee the principal and interest but also to the amount equivalent to four copies per month.”
However, even if the Defendant received the investment money from the victim, he did not have the intent or ability to return the principal or high profit as above.
Nevertheless, the defendant receives 3 million won from the victim to the bank account (G) in the name of F for investment.