Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who is working as an insurance solicitor in B corporation from 1999.

No person engaged in the conclusion or solicitation of insurance contracts shall provide any policy holder or the insured with any special benefits by paying premiums on account of the policy holder or the insured in connection with the conclusion or solicitation thereof.

Nevertheless, from December 26, 200 to December 26, 200, the Defendant purchased 11 insurance policies, including C, D, E, and F, who are their children, and paid 42,336,247 won in total over 87 times, on October 1, 2014, the Defendant paid 66,850 won of G (securities No. H)’s insurance premium on August 1, 2014 for C, who is a policyholder.

Accordingly, the defendant provided special benefits by harming the payment of premiums on behalf of the policyholder or the insured.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made to D or C by the police;

1. Determination as to the assertion of the defendant and defense counsel about the details of insurance payment, details of insurance coverage, and details of insurance payment in substitute

1. Summary of the assertion

A. Article 98 of the Insurance Business Act prohibits the provision of special benefits in entering into or soliciting insurance contracts.

However, the Defendant did not violate Article 98 of the Insurance Business Act because it was merely a substitute payment of insurance premium upon C’s request in order to prevent the invalidation of the unpaid insurance premium with respect to G already concluded or recruited (hereinafter “instant insurance”).

B. In order to constitute a substitute payment of premiums prohibited under Article 98 subparag. 4 of the Insurance Business Act, an insurance solicitor must transfer profits from the substitute payment of premiums to a policyholder ultimately and should not have the right to claim a return from the policyholder.

However, the defendant, upon request of C to lend money to be paid as insurance premiums, lent money to C to pay insurance premiums, thereby allowing C to claim a return on a loan equivalent to insurance premiums.