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(영문) 서울중앙지방법원 2015.02.04 2014고단9023

보험업법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is an insurance solicitor belonging to KRB life insurance.

No person engaged in the conclusion or solicitation of insurance contracts shall provide a policyholder or the insured with special benefits, such as money and goods, payment of insurance premiums, in connection with the conclusion or solicitation thereof.

On June 24, 2010, the Defendant, at the E’s house located in Seocho-gu Seoul Metropolitan Government Seocho-gu, set up two golf bonds worth KRW 5,312,000 in total market price to E who purchased non-dividend DB variable pension insurance that the Defendant recruited.

From that time until March 11, 2011, the Defendant provided special benefits to the policyholders by providing a total of KRW 81,266,000 or by paying premiums on seven occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement E in the police interrogation protocol of the accused;

1. Statement to E by the police;

1. The response to complaints, civil petitions, subscription forms for each insurance contract, details of insurance contracts related to the relevant case, details of transactions by the receiving period, guidance on details of monthly insurance premiums, and application of sales slips-related Acts and subordinate statutes

1. Article 202 Subparag. 2 of the relevant Act and Article 98 Subparag. 1 and 4 of the Insurance Business Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the confession of the defendant, the primary charge, and the withdrawal from the insurance company);