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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On October 12, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than ten months at the District Court for the purpose of fraud, and the said judgment became final and conclusive on December 23 of the same year.
On February 19, 2010, the Defendant made a false statement by telephone from D insurance companies located in Gangnam-gu Seoul Metropolitan Government, stating that “I would make a monthly payment of 3% interest by investing in insurance if I lend money to the victim E.”
However, in fact, the defendant was planned to pay the money received from the injured party's customer insurance premium or use it for personal living expenses, to use the defendant's punishment F or his team members as insurance designer, and did not have any intent to invest the money of the injured party of the D insurance company. From September 2009 to September 2009, there was no intention or ability to pay the money to the injured party even if he borrowed the money from the injured party due to a debt worth of approximately KRW 260 million.
The Defendant received from the injured party a total of KRW 1750,00 from 10,000,000,000 from June 7, 201 to 10,000 as the borrowed money, including the Defendant received from the injured party the remittance of KRW 5,00,00 from tin as the borrowed money, to June 7, 201.
Accordingly, the Defendant was given property by deceiving the victim as above.
Summary of Evidence
1. Defendant’s legal statement
1. Investigation report on the statement of police with respect to E (Confirmation of punishment details on criminal suspect insurance business violations);
1. A’s account transaction details, process certificate, bank transaction details, bank transaction details in the name of the victim, bank transaction details in the name of the victim, bank transaction details in the name of the F, transaction details in the name of the H, transaction details in the name of the H (CF), transaction details in the name of each of H (CF), transaction details in the name of each of H (CF), transaction details in the name of each of the J (CF), each of the transaction details in the name of each of the J (CF), business income confirmation, notice of insurance designer’s business suspension disposition,