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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
From July 2012 to March 2013, the Defendant is an insurance solicitor at the Gangnam-gu Seoul Metropolitan Government KHro 425 floor of the 9th new building, Gangnam-gu, Seoul, who has been engaged in soliciting insurance.
No person engaged in the conclusion or solicitation of insurance contracts shall provide or promise to provide a policyholder or the insured with special benefits, such as money and goods, in connection with the conclusion or solicitation thereof.
Nevertheless, on July 30, 2012, the Defendant concluded an insurance contract with C on July 30, 2012 for principal and inheritance pension goods in the form of lump-sum payment of the insured amount of KRW 35,000,000, and transferred KRW 175,000 to C, and entered into an insurance contract for KRW 5,265,000 in total over 20 times until February 14, 2013, from that time to February 14, 2013, and transferred all policyholders KRW 5,025,00 in total over 23 times.
Accordingly, the defendant provided special benefits to policyholders in relation to the conclusion or solicitation of insurance contracts.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement made by the prosecution concerning D;
1. A list of special benefits in immediate pension insurance;
1. A list of special benefits in immediate pension insurance;
1. Application of Acts and subordinate statutes on the current status of sales of immediate pension insurance to AFC in Gangnam Branch A;
1. Article 202 subparagraph 2 of the Insurance Business Act and Article 98 subparagraph 4 of the same Act concerning facts constituting an offense, selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant had suffered significant disadvantage, such as the process leading up to each crime; (b) dismissal; and (c) the amount of special benefits would not be deemed to be a large amount; and (d) the Defendant’s past power relationship and economy.