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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On July 28, 2011, the Defendant committed fraud by calls from the victim B at a closed place on July 28, 2011, and concluded that “If the Defendant borrowed the money to receive a loan by taking the installment savings type insurance to which the Defendant subscribed as collateral, he/she would pay the interest and pay the interest after one to the employees of our insurance company after the payment of high interest.”
However, in fact, the Defendant did not have any idea to lend money from the damaged party, and was intended to use it to pay insurance money to the insured customer's insurance coverage for the sake of securing the Defendant's allowances, and was paid a monthly wage with approximately KRW 100 million of the obligation to lend money to the insurance company at the time, but most of the monthly wage was paid to the customer as the above-mentioned payment of insurance money and interest to the customer, and there was no intention or ability to pay such money even if the Defendant borrowed money from the damaged party.
Nevertheless, the Defendant received 12 million won from the damaged person to the C bank account in the name of the Defendant, in other words, from the damaged person.
2. On August 23, 2011, the Defendant, who committed fraud, called the victim at a closed place on August 23, 2011, to the effect that “If he/she lends money to the victim, he/she would receive a high interest from the employees of our insurance company and would pay the interest after one to two months.”
However, in fact, the Defendant did not have any idea to lend money from the damaged party, and was intended to use it to pay insurance money to the insured customer's insurance coverage for the sake of securing the Defendant's allowances, and was paid a monthly wage with approximately KRW 100 million of the obligation to lend money to the insurance company at the time, but most of the monthly wage was paid to the customer as the above-mentioned payment of insurance money and interest to the customer, and there was no intention or ability to pay such money even if the Defendant borrowed money from the damaged party.
Nevertheless, the defendant belongs to this.