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A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
The Defendant served as an insurance solicitor in the AI life insurance company from May 2001 to October 2009, and from December 2009 to June 201, the Defendant served as an insurance wholesaler in the ACE life insurance company from June 2009 to June 201, and from June 2012 to July 2013, the Defendant served as an insurance broker in the ACE life insurance company.
On January 1, 2010, the Defendant stated that “In Furden Social Life Insurance Co., Ltd. from Furden to leave his job”, “In Furden Insurance Co., Ltd., Ltd., will pay insurance premiums in cash every month instead of paying insurance premiums in the face of a week. When paying 60 times every five years, the Defendant would guarantee profits above the market interest rate.”
After that, the Defendant received KRW 3940,000 from the victim in cash at the above time and embezzled KRW 3940,000 per month from January 201 to July 2010, 5,205 per month from August 2010 to February 201, and KRW 7,415,265,00 per month from March 201 to September 2013 from around September 2013, the Defendant received KRW 295,265,00 per month, and KRW 161,193,040 among them, and KRW 134,071,960 from around September 201 to around September 2013.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. A certificate of insurance coverage, and a certificate of prohibition of cancellation;
1. Each letter or record of certification;
1. Return on return on investment:
1. The defendant and the defense counsel asserted that there was no amount embezzled by the defendant since the defendant received 161,193,040 won in the column of "paid premiums" in the attached crime list from the victim and paid it in full as insurance premiums, since the investigation report (the submission of the complainants and the payment of insurance premiums) and the metraf life insurance premium payment certificate, the payment statement and receipt of the AIA life insurance, the payment statement and receipt of the AIA account statement, the defendant and the defense counsel.