A defendant shall be punished by imprisonment for one year.

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

On February 27, 2017, the Defendant entered into an insurance contract under the name of another person with the victim “20 million won lent to the victim” at the office of the victim C in Suwon-gu, Daegu Metropolitan City on February 27, 2017, the Defendant would pay the principal for 4 million won out of the monthly allowances paid by the insurance company for 3 months, and the principal shall be paid immediately after 4 months.

“A false statement” was made.

However, in fact, since the Defendant borrowed money from other people at the time, and was urged to pay the money from the other people, even if he received money from the damaged person, he did not have the intention or ability to conclude a new insurance contract.

As above, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 20 million from the Daegu Bank Account (D) under the name of the Defendant on the same day from the victim; and (c) deceiving seven victims from July 29, 2016 to April 28, 2017, such as the list of crimes (i) through (vii) from July 29, 2016 to April 28, 2017; and (c) received a total of KRW 179,330,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Each complaint;

1. Application of each loan certificate, each transaction details, process certificate, deposit receipt, and each payment statute;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In general frauds: Type 2 (at least KRW 100 million, but less than KRW 500 million) and the mitigation area (from June 20 to February 6): 1 step increase (the minimum 1/3 of the punishment shall be mitigated) of the type as a result of the combination of identical competitions / [the person who is specially mitigated] a person who is not subject to punishment or whose damage has been restored to a considerable part (the decision of sentencing].