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(영문) 수원지방법원 2014.08.13 2013고단3338 (1)

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

A Imprisonment for two years, Defendant KL for one year, and Defendant KM for four months, respectively.

(b).

Reasons

Punishment of the crime

1. Where an insurance contract is concluded through Defendant A insurance solicitor, an insurance company shall pay to the insurance solicitor 10% of the total premiums paid by the policyholder during the insurance contract period as commission. In general, 60% of commission is paid on the first payment date after the date of conclusion of the insurance contract under the name of “advance contract commission” and the remaining amount of 40% is paid in installments during the insurance period under the name of “maintenance commission.”

In addition, if an insurance contract is terminated or terminated after the commission is paid, the insurance solicitor shall refund all or part of the commission paid to the insurance company in certain cases, and in general, if the insurance contract is terminated or terminated within three months from the date of conclusion of the contract, the full amount of the commission shall be paid if it is terminated or invalidated within three months from the date of contract, and if the total insurance premium paid by the policyholder is terminated or invalidated during the period from the time of termination or invalidation, the difference between the

The Defendant, by abusing the aforementioned practices for paying fees, intended to conclude an insurance contract by inducing a person who has no intent to conclude or maintain the insurance contract to pay insurance premiums on behalf of the person who has no intent to conclude or maintain the insurance contract for two years, had the insurance company obtain fees from the insurance company, and proposed to obtain money from the victim by inducing the insurance solicitor belonging to the victim ASEAN Life Insurance Co., Ltd., and to obtain money from the victim as a fee in the above manner, and agreed to do so. The Defendant is also responsible for the role of distributing the fees paid by the victim while managing the fees paid by the victim, and the KL et al. will encourage the surrounding persons to conclude the insurance contract on behalf of the insurance premium for two years.