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(영문) 서울동부지방법원 2014.07.23 2014고단1602

보험업법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as an insurance solicitor of a Puden Social Life Insurance Co., Ltd. from December 1, 1998 to August 30, 2013.

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

Nevertheless, the Defendant, from April 2003 to June 10, 2013, worked at Fuden Social Insurance C points in Songpa-gu Seoul, concluded two insurance contracts with no dividend change in the name of the Defendant’s wife D on November 18, 2010, and paid 1,464,300 won for the first insurance premium of the above insurance contract to be paid by D on November 19, 2010, including the payment of 1,464,30 won for the insurance premium to be paid by D on November 19, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Accusation against violations of the Insurance Business Act;

1. Application of Acts and subordinate statutes concerning details of remittance to the account of a contractor;

1. Article 202 of the relevant Act and Article 202 of the Insurance Business Act and Article 98 subparagraph 4 of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Considering the fact that there is no record of punishment other than reflective nature, details of crimes, and one time before the stay of execution of this species in 193, etc.);