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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal record] On April 5, 2018, the Defendant was sentenced to three years of imprisonment with labor due to fraud, etc. in the Busan East Branch Support, and is currently pending in the appellate trial.
On May 23, 2018, the Defendant was sentenced to four months of imprisonment for fraud in Busan East Branch Support, and the judgment became final and conclusive on May 31, 2018.
[Criminal facts] The Defendant is an insurance designer belonging to the Dong Life Insurance Co., Ltd. located in Busan Metropolitan City from around 2009 to around 2017, who operated an insurance business.
1. On May 15, 2014, the Defendant is a good and stable fund good and stable fund product to the victim C, who is located in the French and Seocheon-si (U.S.), not more than KRW 15,000,000.
In the event of investment in the good, 1% of the monthly income may be guaranteed.
The principal shall be repaid once a year regardless of the occurrence of profit.
“A false statement” was made.
However, in fact, the Defendant thought that he would receive money from the injured party for personal use, such as living expenses, and that investing in the fund goods was false and paid to receive money.
In addition, the defendant did not have any intent or ability to pay the proceeds or principal to the victim because he/she had been able to prevent the return of the transferred debt by lending money from another person in excess of the debt at the time.
Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on May 15, 2014; (b) transferred KRW 50 million to the Defendant’s bank D account under the name of the victim on August 8, 2014; (c) KRW 30 million under the said name on August 26, 2014; and (d) KRW 25 million under the same name on August 26, 2014; and (c) KRW 1550 million under the same name on September 16, 2014.
2. Borrowing money;
A. On May 2, 2016, the Defendant, by telephone, uses the phone to the said victim C only for “5 million won per week on a face-to-face loan.”
Although the Defendant stated “,” the Defendant is above 7-80 million won at the time.