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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
Reasons
1. Summary of the grounds for appeal;
A. The Defendant asserted that he did not participate in the reconciliation was present to the employees of the insurance company, and did not handle the affairs related to the reconciliation by arranging agreements between L and K as stated in the facts charged.
Nevertheless, the judgment of the court below which found the defendant guilty on the charge of this case based on consistent L's statements is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The claim on the portion of money and valuables received as consideration, even though the above claim is not accepted, the remainder of KRW 2 million, excluding the part of KRW 2 million in the name of the commission (hereinafter “amount in the name of the case of issuance of a medical certificate”) received by B from K was received by B individually, and the Defendant did not participate therein.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
2. Determination
A. We examine the argument that the damage adjuster did not participate in the compromise. The damage adjuster's duty is to confirm the fact of the occurrence of damage, determine the appropriateness of the terms and conditions of insurance and the application of relevant laws and regulations, assess the amount of damage and insurance proceeds, prepare and submit documents related to each of the above business, act on behalf of the insurance company with respect to the performance of the above business (Article 188 of the Insurance Business Act). Even if it is necessary for the damage adjuster to submit a damage evaluation report to the insurance company in the course of performing his/her business and present his/her opinion on the validity or validity at the request of the insurance company, it is limited to the fact that the damage adjuster's duty is related to the investigation of the damage caused by the insurance accident and the situation of the damage amount.