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.

Punishment of the crime

1. Around May 22, 2014, the defrauded concluded an insurance agency contract with the victim Nonghyup Life Insurance Co., Ltd., and the Defendant agreed to sell the goods on behalf of the victim.

According to the life insurance contract written between the defendant and the victim at the time, the victim is obliged to pay the fees for the sale of insurance products to the defendant under the provision for the payment of fees to the defendant. However, in the event that the damaged person returns the insurance premium or does not deposit the insurance premium due to the change, invalidation, termination, etc. of the insurance contract solicited by the defendant, the victim was required to recover the fees paid to the defendant. The contents of the above agency contract related to the payment of fees are premised on the fact that the insurance contractor recruited by the defendant has been continuously paying the insurance

However, in fact, the defendant's intent to receive fees from the injured party, and to the personal creditors, etc. of the defendant who has no intention to conclude an insurance contract, "Insurance premium may only be paid with annual payments. It will not be offset if the insurance money will be paid with annual payments.

Inasmuch as the Defendant recommended an insurance contract, it is apparent that even if the Defendant entered into an insurance contract in the name of his wife, the insurance contract will be terminated as soon as the unpaid premium would be terminated, and the Defendant’s fees that the injured party would receive from the injured party due to the conclusion of the insurance contract would immediately recover from the termination of the insurance contract.