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(영문) 서울동부지방법원 2019.08.21 2019고단542

보험업법위반등

Text

Defendant

A shall be punished by a fine of four million won, and the defendant B shall be punished by a fine of seven hundred thousand won.

The Defendants were punished by fine.

Reasons

Criminal facts

Defendant

A is the auditor of the Songpa-gu Seoul Metropolitan Government building management body, who has been in charge of building management, and the defendant B is the person in charge of the resolution of the D-A-be selected as a building fire and liability insurance company by bidding in the public announcement of tender conducted by the management body.

1. No person engaged in the conclusion or solicitation of an insurance contract violating the Insurance Business Act shall provide a policyholder or the insured with or promise to provide a policyholder or the insured with special benefits, such as money and valuables, and the policyholder or the insured shall not request the policyholder or the insured to provide or receive money

Nevertheless, around May 30, 2018, Defendant B issued KRW 2 million in cash to Defendant A in return for requesting the designation of D as an insurance company for fire and liability insurance of a building where the contractor and the insured of the C building management body are the policyholders and the insured. Defendant A received KRW 2 million in return for the designation.

2. On March 2018, in order to select an insurance company responsible for fire and liability insurance of buildings C, Defendant A had a duty to select an insurance company through fair procedures.

Nevertheless, Defendant A selected D in response to solicitation at the office of the management of the building C in early April 2018, upon receiving a request from B to select D as an insurance company responsible for fire and liability, and the same year.

5. Around 30.30.00 won was granted from B as honorariums.

As a result, Defendant A acquired property in exchange for an illegal solicitation in relation to his duties.

3. When Defendant B made a request and made an insurance contract in accordance with the purpose of solicitation at the office of the management of the building C in early April 2018, Defendant B: (a) made such request and made such solicitation; and (b) made such solicitation

5. At around 30.30. A around 30.0,000 won for honorariums.

As a result, Defendant B made an illegal solicitation and provided property to Defendant B.

Summary of Evidence

1. Defendant A - Witness B and F testimony - G Prosecutor’s protocol 2.2.

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