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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant was a person who worked as C insurance solicitor and was aware of the fact that he sold insurance products to the victim around 2003.
On April 2007, the Defendant made a false statement to the victim’s house in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, stating that “In order to pay an earning rate of 15-20% by investing investment in the above fund products, if the Defendant considers that there is a good and low market-to-date bank interest rate, and only the insurance solicitor can invest in the fund products, the Defendant would be able to pay an earning rate of 15-20%.”
However, in fact, even if the Defendant received a large amount of money from the victim as above, due to the fact that the Defendant was the head of the insurance company, which was the head of the branch office at the time, received money from the victim, it was thought that it would be used for the above operating fund or for other personal purposes. Since the financial instruments explained by the victim were variable insurance, it was not clear whether the Defendant would be able to pay the principal and 15-20% profit to the above fund products even if it was paid by the victim.
Around April 27, 2007, the Defendant received KRW 9 million from the victim’s new bank account (Account Number F) from the Defendant, and acquired KRW 155,00,000 from the date and time to April 1, 2010 under the same name, such as the list of crimes in attached Form 18 times from the date and time to April 1, 2010.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes on financial transactions;
1. The grounds for sentencing under Article 347(1) of the Criminal Code of the relevant statutory provisions for the criminal facts are subject to the sentencing guidelines. The crimes of this case constitute the basic area (1 to 4 years) among the types of general fraud 2 (at least KRW 100 million, but less than KRW 500 million). The crimes of this case are money by deceiving the victim with the intent to use the victim for personal purposes.