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Defendant shall be punished by imprisonment for eight months and by imprisonment for one year and six months for a crime of 2018 Highest 5503 and 2019 Highest 773.
Reasons
Punishment of the crime
On November 15, 2017, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor at the Jung-gu District Court on November 23, 2017, and the said judgment became final and conclusive on November 23, 2017.
The Defendant, who works as an insurance solicitor at the “C” located in Goyang-dong, Manyang-si, U.S., and operated the insurance-related carpets, tables, etc. at the portal site such as D, while running the insurance business. On January 2015, the Defendant was familiar with the Defendant, upon receiving a request for insurance consultation from the victim F, to implement the insurance design.
1. On February 2, 2015, the Defendant made a false statement to the effect that “The Defendant would pay KRW 200,000 as a monetary reward if he/she pays three-month premium in advance with respect to G actual cost insurance by communicating the victim by telephone at an unsound place.”
However, in fact, the Defendant did not have been given special benefits from the advance payment of insurance premiums. Rather, the Defendant was planning to use the money received from the victim for an individual purpose, and thus did not have the intent or ability to pay the normal insurance premium or to pay the agreed monetary reward even if the money was received from the victim as the advance payment.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 528,180 under the name of advance payment from the Hassociation account in the name of the Defendant on the same day from the victim and acquired it by the defrauded.
2. On June 4, 2016, the Defendant made a false statement to the effect that “The Defendant would pay KRW 250,000 as the reward if he/she paid the annual insurance premium with respect to the G actual cost insurance,” by communicating the victim by telephone at an irregular site.”
However, the defendant did not have an intention or ability to pay insurance premiums normally or to pay agreed monetary rewards even if he/she received money as advance payment from the victim as above.
Nevertheless, the defendant deceivings the victim as above.