[2017 Highest 1241] The Defendant was sentenced by the Cheongju District Court on June 28, 2017 to imprisonment with prison labor for six months for the obstruction of performance of official duties, and the judgment became final and conclusive on July 6, 2017.

The Defendant is an insurance solicitor from July 2015 to November 2015, who served as an insurance solicitor at the main office of the victim C, a company located in Cheongju-si, U.S.

On July 2015, the Defendant concluded a commission contract with the victim and promised to perform the duties of acting as an agent or intermediary for concluding an insurance contract in accordance with the commission contract and to receive fees from the victim according to the number of insurance contracts concluded.

Accordingly, around July 22, 2015, the Defendant concluded 18 insurance contracts with policy holders D and E “F” to pay monthly insurance premium of KRW 258,340, from that time to September 30, 2015, as described in the [Attachment Table Nos. 1 through 8, 10, 14, 19, 21, 22, 24, 26, and 29, respectively.

However, the above insurance contract was concluded by providing a different explanation from the fact that the defendant recommended the policyholders to conclude the insurance contract, which is basically a strong nature of guaranteeing death, and where the above insurance product is not maintained for a long time, the termination refund rate is very low, and thus, the contract was concluded by providing a false explanation to the effect that "the annual interest rate of 3% can be guaranteed with the product such as installment savings, and the same shall be improved than the installment savings in commercial banks," or the policyholder requested that "the policyholder pay the insurance premium on behalf of the policyholder, and that the contract was concluded by the policyholder for the payment of the insurance premium and the normal maintenance is impossible.

Nevertheless, the Defendant used that the performance fee paid to insurance solicitors is equivalent to 70 to 80% in the following month of the insurance contract, and as if the above 18 insurance contracts were concluded normally in order to receive the insurance fee.