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(영문) 서울중앙지방법원 2011.07.07 2010고단4307

보험업법위반

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in this case is as follows. A.

Defendant

A The defendant is the head of the (State) F in the third floor of the Geumcheon-gu Seoul Metropolitan Government E-building.

(State)The Defendant, in collusion with G, the actual representative of F, has entered into a guarantee insurance contract and had the fee received, in spite of the absence of the fact that the F had obtained a guarantee insurance permit from the Financial Services Commission.

On September 16, 2009, the Defendant entered into a guarantee insurance contract with the creditor H and the debtor I to compensate for losses incurred by the creditor in connection with the performance of the obligation amounting to KRW 500 million due to a contract between the creditor H and the debtor I and received 3% of the amount of the obligation with the fees from that time until March 3, 2010, and thereafter entered into the guarantee insurance contract with the total amount of 226 times (208,61,484,665) and received fees equivalent to 3% of the amount of the obligation, as shown in the list of crimes (1) in attached Form 226 times.

Accordingly, the defendant, in collusion with G, engaged in guarantee insurance business without obtaining permission from the Financial Services Commission.

B. Defendant B is a K (main director) director in the 8th floor of Gangnam-gu Seoul Metropolitan Government J building.

The Defendant had the KK Co., Ltd. concluded a guarantee insurance contract without having received a guarantee insurance permit from the Financial Services Commission, and had the Defendant receive fees.

Around March 30, 2009, the Defendant entered into a guarantee insurance contract of KRW 7,128,082,500 with respect to the performance of obligations between the creditor (ju)L and debtor M, and received KRW 100,000 from June 2, 2009 to June 2, 2009, with a total of KRW 8,928,082,50,000 as shown in the attached Table of Crimes (2), and received fees of KRW 17,00,000 in total.

Accordingly, the defendant is running guarantee insurance business without obtaining permission from the Financial Services Commission.