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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On March 28, 2013, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving). On April 5, 2013, the said judgment became final and conclusive.
【Criminal Facts】
1. On July 13, 2012, at the victim E’s house located in Seocheon-si, Seocheon-si, Samsung Fire and Marine Insurance Co., Ltd., the Defendant concluded that “The victim, who purchased insurance through the Defendant, who is an insurance solicitor of Samsung Fire and Marine Insurance Co., Ltd., gains a lot of benefits from insurance products whose insurance guarantee period is extended to 100 years of age, and the existing insurance is terminated, and then the termination refund can be refunded at a high refund rate of not less than twice when the termination refund is re-deposited to the company in the certificate issued by the company.” As such, the Defendant concluded that the insurance would proceed to the insurance, and that the existing insurance termination refund is paid to B.”
However, on April 3, 2013, the Defendant had no intention to receive the termination refund from an insurance company and pay it to the insurance company because of the occurrence of a traffic accident in the state of maturity and the need to make a settlement to agree with the victim of the traffic accident as above, and there was no intention to receive it.
Nevertheless, the Defendant had the victim terminate the insurance that the victim joined from the above false language, and then acquired the money of KRW 2,776,530 on July 13, 2012 by remitting the money of KRW 2,776,530 to the Defendant’s account.
In addition, from June 29, 2012 to January 22, 2013, the Defendant received the total sum of KRW 12,777,560 from three victims on six occasions, as shown in the crime sight table, and acquired it by defrauded.
2. On April 2013, the Defendant: (a) whether the insurance termination refund transferred from F to F to the Defendant was normally deposited in Samsung Fire & Marine Insurance Company.