The defendant shall be innocent.

1. The summary of the facts charged in this case is as follows.

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government (State) D in the third floor.

(State)In collusion with D’s Department E, the Defendant had the option to enter into a guarantee insurance contract and to engage in the fee-charging business, notwithstanding the absence of the fact that D’s (State) obtained a guarantee insurance permit from the Financial Services Commission.

Around September 16, 2009, the Defendant entered into a guarantee insurance contract with the obligee F and the obligor G to compensate for losses incurred by the obligee in connection with the performance of the obligation amounting to KRW 500 million due to a contract between the obligee F and G and received 3% of the amount of the obligation as fees from that time until March 3, 2010 from that time, and entered into a guarantee insurance contract with the total amount of 226 times over 208,61,484,665 won and received fees equivalent to 3% of the amount of the obligation.

Accordingly, the defendant in collusion with E without obtaining permission from the Financial Services Commission.

2. Determination

A. The defendant's assertion and the defense counsel of the defendant et al. asserted that the defendant did not engage in the guarantee insurance business because the defendant did not issue the guarantee insurance policy, and that the defendant did not enter into or destroyed the guarantee insurance contract among the acts of payment guarantee included in the facts charged.

B. 1) Article 4(1) of the Insurance Business Act provides that “A person who intends to run an insurance business shall obtain permission from the Financial Services Commission for each type of insurance,” and Article 200 subparag. 1 of the Insurance Business Act provides that a person who violates the foregoing shall be punished. 2) First, we examine whether the Defendant is engaged in a guarantee insurance business as provided in the Insurance Business Act. 2) Each part of the statements in the Defendant and E investigative agencies and in this court, H and I’s statements in this court, and (State) D payment guarantee certificates.