Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who served as an insurance solicitor at a victim B Co., Ltd. (hereinafter referred to as “victim”) that operates an insurance agency business from around August 25, 2014 to May 2015.
The Defendant was receiving allowances on condition that he would return the insurance solicitation allowance already received when he/she had not been maintained for 18 months and has subscribed to insurance or has subscribed to a person who has no intent or ability to pay the insurance premium by borrowing only the name of another person, and he/she paid the insurance premium on behalf of himself/herself for the initial period of the insurance subscription.
Accordingly, around August 29, 2014, at the above victim's office located in Gangnam-gu Seoul Metropolitan Government, the defendant subscribed to the insurance policy under the name of D, as if the defendant subscribed to the insurance policy at the request of the defendant's children D, and applied for the insurance solicitation allowance.
However, it was well known that the insurance will not be maintained because the defendant borrowed the name of D for his performance and allowances and paid the insurance premium on behalf of the defendant.
Accordingly, the Defendant, as seen above, by deceiving the victim company, received KRW 10,753,01,01 from the victim company around September 29, 2014, and thereafter, received KRW 99,984,363 in total by deceiving the victim company in the same manner eight times from May 28, 2015, as stated in the attached crime list, from around May 28, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. A complaint filed against B prepared by the stock company;
1. Investigation report (the result of telephone investigation conducted by a party to the insurance policyholder);
1. A criminal investigation report (verification of the amount actually repaid);
1. Investigation report (specific relation to the amount of damage);
1. A statement of payment of each fee (from September to May 2014) and a certificate of confirmation of remittance;
1.Each.