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(영문) 대전지방법원 서산지원 2018.01.26 2017고정117
보험업법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as Samsung Life Insurance Co., Ltd. C, is a person engaged in the conclusion or solicitation of insurance contracts, even though it did not provide or promise to provide insurance policyholders or the insured with special benefits, such as large payment of premiums for insurance policyholders or the insured, in connection with the conclusion or solicitation of insurance contracts;

1. On December 29, 2014, the Defendant paid an insurance premium of KRW 125,000 for Samsung Bio-resources “Wooman Love CI life insurance” to which D had subscribed through an amendment to the insurance contract at a around 29, 2014.

2. On February 27, 2015, the Defendant transferred KRW 100,000 to the head of the Tong of the Nonghyup Bank in the name of the “Integrated TP CP C&I” insurance purchased by D at a around 27, 2015, and issued KRW 500,000 in cash via E under the name of insurance premium around April 25, 2015, and provided special benefits, such as large payment of insurance premium, by granting KRW 500,000 in cash via E under the same name as in May 29, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Some statements concerning F in the police interrogation protocol;

1. Some of the defense counsel's written opinion (as of August 23, 2016);

1. Samsung Lifelong Insurance, Record (E, A), insurance premium deposit, investigation report (information of text messages submitted by the complainants), investigation report (information of text messages submitted by the complainants);

2. 27 Application of Acts and subordinate statutes in Part III of the text of the contract.

1. Article 202 Subparag. 2 and Article 98 Subparag. 4 of the former Insurance Business Act (Amended by Act No. 14821, Apr. 18, 2017); and the choice of fines, respectively, for criminal facts

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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