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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around March 25, 2011, the defendant paid 1.8 million won from the victim C to the passbook (F) of the defendant by stating that "the defendant shall pay the insurance premium of the customer to the victim C at the (ju) E office where the defendant was in office of the 12th floor of the Busan High-gu D building (U.S.) in Busan High-gu, Busan High-gu, the defendant paid 1.8 million won from that time to the defendant's agricultural bank (F)."
9. Until October, 200, a total of 80,450,000 won was remitted over 11 times as shown in the annexed list of crimes.
At the time, the defendant did not have any particular property and maintained the performance of insurance by unfairly purchasing insurance against customers with bad credit standing who are not capable of paying insurance premiums, the defendant could maintain the monthly revenue of at least KRW 10 million and the monthly revenue of at least KRW 400-8 million, and the debt has been continuously accumulated due to the bonds lent for this purpose.
The Defendant borrowed money from the victim who was unable to pay the premium to the customer more on account of large-sum bond interest. However, the Defendant’s revenue alone was difficult to cope with the payment of the premium and the interest on existing bonds, so there was no intent or ability to pay the premium even if the Defendant borrowed money from the victim, and the Defendant was thought to use both the money borrowed from the victim as the payment of the premium, the bond interest, and the her husband’s purchase price for G apartment and the her husband’s livelihood purchase price were false statements to borrow money from the victim.
Accordingly, the Defendant was transferred 80,450,000 won by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act on the Statement of Evidence C
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Part of the amount obtained by the defendant under Article 62 (1) of the Criminal Act;