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(영문) 서울중앙지방법원 2016.01.21 2015고단6607

보험업법위반

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 6,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is an insurance designer who belongs to Samsung Life Insurance (State) S. F, and Defendant B is a person who has subscribed to Samsung Life Insurance (State) through Defendant A.

No person engaged in the conclusion or solicitation of insurance contracts shall pay insurance policyholders or the insured premiums on behalf of them, or provide or promise to provide them with special benefits, such as an amount exceeding the smaller amount between 10/100 of the premiums paid for the first year after the conclusion of the insurance contract and 30,000 won, in connection with the conclusion or solicitation thereof, and no policyholder of the insurance or the insured shall request and deliver such special benefits.

Nevertheless, on December 31, 2009, the Defendants concluded a 38 insurance contract in the name of Defendant B, Defendant B’s wife G, and Defendant B’s management company (State) by October 31, 201, including the fact that the contract was entered into with a large number of 38 insurance contracts in the name of Defendant B, Defendant B’s wife, and Defendant B’s management company, and Defendant A promised to pay premiums for the performance of their insurance business, and Defendant B demanded money and valuables for profit preservation on the ground that the cancellation rate of the insurance contract was insufficient.

Accordingly, on December 31, 2009, Defendant A stated the facts charged of KRW 10,00,000 as “20,000,000” in the bank account (Account NumberJ) in the name of Defendant B B’s wife, but in light of the criminal facts corresponding to the schedule of the attached crime and relevant evidence (number 126 pages), etc., it is obvious that “10,000,000 won” was written in writing and corrected. From September 1, 201, Defendant B provided the total sum of KRW 875,00,000,000 as stated in the attached list of crimes until September 1, 201, as special benefits such as the amount of insurance premium paid in large amounts. Defendant B provided special benefits such as the amount of insurance premium paid in advance.