A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 20, 2007, the defendant, at the office of the defendant without a trade name in Seocho-gu Seoul Metropolitan Government, paid 15% allowance per case from the insurance company to the victim D, in addition to the allowance of business employees if an automobile insurance broker, such as current sea and green fire, has engaged in the insurance solicitation through its business employees. The defendant's prior payment of the allowance to be paid by the business employees is high in business performance, and it is expected that 10% of the allowance to be paid by the insurance company will be paid out of 15% of the allowance to be paid by the insurance company if it makes an investment because of the lack of the pre-payment allowance, and 10 million won will be paid out of the 10% of the allowance to be paid by the insurance company.

However, as the Defendant intended to invest KRW 100 million in the development project of the Kazakin mine by lending money from relatives, such as the Defendant, but failed to prepare KRW 100 million, the Defendant was a plan to invest the money received from the victims in the above mine development project under the pretext of the insurance allowances project, and there was no intention to invest in the insurance allowances project.

On the other hand, although the defendant made an investment in the insurance premium business from January 2007 to May 2007, the profit distributed for five months by the insurance broker was only 2 million won, and there was no particular income in addition to the profit, and thus, the victim could not be able to pay monthly profit and principal to the victim unless he/she received a profit from the business of developing the Kazatan mine or additionally borrows money from another person.

On the other hand, there was no objective data to ensure the success of the Kazakh mine development project, and there was no intention or ability to pay the principal and interest properly even if the money was received from the victim due to the relationship in which it was almost impossible to distribute the profit in relation to the project.

Nevertheless, the defendant deceivings the victim as above.