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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
Around May 2007, the Defendant became aware of the Victim C while working in the AIA life insurance branch. Around August 2007, the Defendant got the victim to subscribe to variable insurance worth KRW 390 million in the victim’s name and KRW 590 million in the victim’s name and KRW 200 million in the victim’s name, but incurred losses thereafter, taking advantage of the situation of the victim’s wishing to recover losses, the Defendant came to reach F where the victim remains in Australia around September 2009 without using the amount as the total amount of shares, but considering that it was used as an individual purpose, such as repayment of his debt, etc., even if it was considered from the victim’s desire to use the amount as the total amount of shares, it was 100 billion in the amount of variable insurance loss, 200 billion in the amount of shares transferred to the victim under the same name as 90 billion in the amount of shares, and 300 million in the amount of shares transferred to 90 million in the same name.
Accordingly, the Defendant acquired a total of KRW 320 million from the victim as above.
Summary of Evidence
1. Defendant's legal statement;
1. Part C of the interrogation protocol of the second interrogation of the defendant against the defendant;
1. Statement to C by the police;
1. A complaint;
1. Investigation reports (related to attachment, such as a bank in the title of the A and a statement of transactions of investment securities) and accompanying documents, investigation reports ( relation to the details of the amount received, details of use of stocks investment profits, and additional statements), and data attached thereto;
1. Data submitted by suspects, such as business income certificates, copies of each insurance premium balance certificate, each account statement and receipt copy, and copies of passbook;