The judgment below

Of them, the part against Defendant A is reversed.

Defendant

A is a fine of one million won for a corporation.

1. Summary of grounds for appeal;

A. In fact, the Defendants did not use the term “insurance” or “payment guarantee” when issuing the instant guarantee certificate. Since the issuance of the instant guarantee certificate is merely a private guarantee under private autonomy, the Defendants run a guarantee insurance business prescribed by the Insurance Business Act without obtaining permission from the Financial Services Commission.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The punishment of the lower court (the Defendants: KRW 1 million for each of the Defendants) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant's ex officio on the grounds for appeal by the defendant against the defendant corporation A, the prosecutor examined the defendant's appeal ex officio, and the prosecutor applied for changes in indictment with the content of adding the same facts charged as the previous criminal facts of the crime among the following [the judgment re-written against the defendant corporation A]. Since this court permitted the change, the part of the judgment of the court below on the defendant corporation A among the judgment below is no longer maintained.

However, since the defendants' misunderstanding of facts and misapprehension of legal principles and the defendant B and C's improper sentencing are still subject to judgment by this court, the following are examined.

B. 1) The Insurance Business Act imposes criminal punishment on a person who runs an insurance business without a license on a person who satisfies physical and human requirements stipulated in the Act and obtains a license from the Financial Services Commission for each type of insurance business, taking into account the influence that the Defendants’ misunderstanding of facts and misunderstanding of legal principles were affected by the organization of the insurance business and the social and economic life of the State.

In light of the provisions and purport of the Act on the Regulation of Insurance Business, the insurance business subject to the license is considered.