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(영문) 부산지방법원 2018.07.13 2018고단159
보험업법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment for fraud in this court. On May 26, 2018, the above judgment became final and conclusive.

[Presumption of Facts] The Defendant, as the representative director of Busan-gu F building, G Co., Ltd. (hereinafter “G”) and the actual operator of H Co., Ltd. (hereinafter “H”), who are insurance agencies located on the Tenth floor of Busan-gu, Busan-gu, Busan-do, the Defendant overall control over the conclusion of insurance contracts and solicitation affairs

The defendant worked as an insurance solicitor of G in order to raise the performance of the conclusion of the insurance contract.

I, J, K, L, M, N, P, Q, etc. (hereinafter referred to as “G insurance solicitors 9”), if you recruit insurance contractors and enter into an insurance contract on the condition that they pay the insurance premium on a large scale, you would pay a certain amount of the fee to be paid by the insurance company as the subscription allowance to the new insurance purchaser.

“The purpose was to propose that “,” and 9 insurance solicitors agreed to do so, and as well as soliciting insurance policyholders on condition of the payment of insurance premium.

Accordingly, the defendant is responsible for data processing and fee calculation to the employee R in charge of computer processing in G, and he is responsible for the role of directly soliciting insurance policyholders or controlling the payment of insurance premiums on the condition of paying insurance premiums on behalf of him, and 9 insurance solicitors play the role of soliciting insurance policyholders using the method of paying insurance premiums on behalf of him.

[Criminal facts] A person engaged in the conclusion or solicitation of an insurance contract shall not provide or promise to provide an insurance contractor or the insured with special benefits, such as the substitute payment of insurance premiums, in connection with the conclusion or solicitation thereof.

Nevertheless, on January 18, 2013, the Defendant, along with nine insurance solicitors, entered into an insurance contract for the "National Life Insurance Co., Ltd. Social Life Insurance" in the name of the insurance contractor S in the name of the insurance contractor at the G office around January 18, 2013, and then paid monthly insurance premium 1,192.

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