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(영문) 서울중앙지방법원 2016.03.22 2014고단2249
무고등
Text

Defendant

A shall be punished by imprisonment of one year and two months, and Defendant B shall be punished by a fine of five million won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

Defendant

A is an insurance agent who actually operates B as an insurance agent, and Defendant B is an insurance agent who has entered into an insurance agency contract with the victim's lot non-life insurance company (hereinafter "victim") in connection with the affairs entrusted by the insurance contract.

1. Defendant A

A. Based on the fact that if the initial insurance premium, etc. is paid for an insurance product that was concluded by an insurance designer in the insurance company, the insurance company would increase the rate of commission, etc. to be paid according to the sales performance in paying the insurance product, and maintain a higher level, the insurance contractor would only pay a certain number of insurance premiums on behalf of the insurance contractor, and thereafter, the insurance contractor could no longer maintain the insurance contract. However, the insurance designer submitted the insurance subscription form to the damaged insurance company as if the insurance designer had concluded the insurance contract normally with the insurance policyholder, and he/she would receive the commission for the insurance contract and the money on the pretext of the reward from the damaged insurance company.

(1) On March 23, 2012, the Defendant was agreed to pay a certain number of insurance premiums to the Defendant at the Section B office operated by the Defendant on March 23, 2012, the Seoul Mapo-gu Seoul E 202 Dong 202, and even if the F was not expected to pay the insurance premiums, it was no longer capable of maintaining the insurance contract since the F was expected to not pay the insurance premiums, the Defendant prepared an offer to “property insurance for the unpaid dividend lot” which is a long-term insurance product for the insurance purpose of the Seoul Mapo-gu Seoul Mapo-gu G building, and received the offer at the point of the damaged insurance company I with 1407 floor of the 14th H building in Jung-gu, Seoul. Around that time, the Defendant directly received the insurance premiums of the said insurance contract at the beginning of the said insurance contract.

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