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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On January 8, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and three months for fraud in the Chuncheon District Court Decision 2013 Godan212, and appealed as the case of 2014No32, Jun. 25, 2014; however, the Defendant was sentenced to the dismissal of an appeal on June 25, 2014; on the other hand, the Defendant appealed as the Supreme Court Decision 2014Do8958, Jul. 15, 2014, and the said judgment became final and conclusive as it became final and conclusive.
【Criminal Facts】
1. The Defendant is an insurance solicitor from March 2006 to October 1, 2013, who was engaged in insurance solicitation business (main representative: victim D) as an insurance solicitor, who was engaged in insurance solicitation business under a contract between various insurance companies, such as Mzz fire and marine insurance companies, and insurance agencies.
On January 13, 2012, the defendant entered into an insurance contract of the Matz unit insurance M-Sry 1108(securities number : G) of the Matz fire insurance company with F as a policyholder at the office of the above Latz Co., Ltd. in the East Sea.
However, in fact, the defendant did not enter into a normal insurance contract with F in order to raise the performance of the insurance contract, and the defendant tried to make the insurance contract effective due to the arrears of the insurance premium when he paid the insurance premium on behalf of the defendant.
As above, the Defendant concluded an insurance contract with a total of 207 times from the aforementioned date to June 2013 by means of lending the name of the policyholder under the said contract, as described in the attached Table (1) in the foregoing manner, and received KRW 58,781,356 in total under the name of the “advance payment fee,” which is paid by the victim who believed to be genuinely constituted and capable of maintaining the contract. From May 2012 to October 2012, the Defendant entered into an insurance contract with a total of 66 cases as described in the attached Table (2) in the name of an insurance solicitor H by entering into the insurance contract as described in the attached Table (2).