A. In order to receive insurance fees, such as representative allowances, the representative of the branch office of an insurance agency should provide a higher-level branch office, etc. with a security for the recovery of insurance fees.

The defendant guaranteed the right of independent operation of the victim, and the victim wanted to receive insurance fees, such as representative allowances, from July 2015, as the independent representative of the Gyeyang Branch.

Accordingly, in order to pay insurance fees to the victim, the defendant only received KRW 50 million from the victim as a security for the recovery of insurance fees, and it does not receive money in the name of lease deposit and collection expenses as stated in the facts charged in this case.

In principle, in order for an insurance company to subsidize the deposit for lease at a branch established by the insurance company, it is necessary to satisfy certain conditions, such as that the branch must recruit more than a certain number of insurance contracts every month, but in most cases, the insurance company shall provide the deposit to the branch regardless of

Since the defendant was provided with the deposits for lease from an insurance company in the future, there was no need to request the victim at the time of this case to pay money in terms of the deposit for lease and the cost of collection.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) In light of the relevant legal principles and the principle of public trial-oriented principle, reviewing the results of the first instance court’s examination and the results of further examination of evidence conducted by the time the argument is concluded, unless there are exceptional cases where maintaining the first instance court’s judgment on the credibility of the statement made by the witness of the first instance is deemed significantly unfair, the appellate court should not reverse without permission the first instance court’s judgment on the credibility of the statement made by the witness of the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).