A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

[2014 Highest 394] The Defendant served as an insurance solicitor of “E”, an insurance agency operated by the victim D from August 201 to May 2012.

Where an insurance solicitor sells the life insurance of an insurance company to a customer, the insurance company shall pay commissions to the victim operating the insurance agency, and the victim shall pay in sequence fees to the insurance solicitor selling the insurance. The amount shall be 600% of the once insurance premium paid in 1,100% in the following month after the first insurance premium is paid, and 500% in installments shall be paid in 11 month if each insurance premium is paid in 2 times from the second insurance premium to the 12 times.

The defendant, as if he actually entered into a false insurance contract, submitted the written insurance contract to the victim and received a high fee from the victim, and the defendant, not the policyholder, had the intention to pay the premium for the false insurance contract.

On August 31, 2011, the Defendant: (a) prepared and submitted a written insurance contract in the name of G (200,400 won per month insurance premium) in the name of G to the Defendant even though G was lent only in the name of the Defendant in the Hanyang-gu Office for the settlement of the F building in Ansan-si Office; (b) by deceiving G as if G would actually pay monthly insurance premium to the insurance contract that was duly formed, and then, (c) was remitted from the victim to the Defendant’s account in the name of the Defendant around September 2011.

The Defendant entered into 23 false insurance contracts from around that time to March 29, 2012, as described in the attached list of crimes in the foregoing manner, and acquired a sum of 45,274,930 won from the victim as insurance fees.

[2014dan469] On August 31, 2012, the Defendant: (a) was unable to lend money to the victim C in the vicinity of the Bag apartment located in Ansan-dong, Gyeyang-gu, Ansan-gu; and (b) thus, it is urgently necessary to pay money to the Defendant.