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(영문) 광주지방법원 2020.02.12 2019고단4488
보험업법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On December 26, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Insurance Business Act at the Seoul Central District Court on November 11, 2015, and the enforcement of the sentence was terminated at the Seoul Detention Center on November 11, 2015. On January 12, 2018, in light of Articles 675 and 690 of the evidence records, “1. 22, 2018” written in the indictment appears to be a clerical error in the indictment, and thus, it shall be corrected ex officio as above.

In light of Articles 675 and 690 of the evidence record on February 10, 2018, the phrase “ February 20, 2018.” in the indictment appears to be a clerical error in the phrase “ February 10, 2018.” due to a violation of the Insurance Business Act, the above court shall correct it ex officio.

The above summary order became final and conclusive.

【Criminal Facts】

1. A person who intends to run guarantee insurance business shall obtain permission from the Financial Services Commission;

On March 30, 2018, the Defendant, the representative director of B, without permission of the Financial Services Commission, issued a certificate of guarantee of KRW 2200,000,000 from February 23, 2018 to May 15, 2018, a total of 23 copies of guarantee of guarantee of guarantee of guarantee of total of 23 years from February 23, 2018 to May 15, 2018, to the representative F in the B office located in Gangseo-gu Seoul Metropolitan Government 1st Ground D, to the creditor G Co., Ltd.

Accordingly, the defendant carried on guarantee insurance business without permission from the Financial Services Commission.

2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under other Acts and subordinate statutes, or making a registration or report under such Acts and subordinate statutes, shall engage in the business of raising funds by receiving money or securities from many and unspecified persons on the pretext of money or securities;

The Defendant, without permission from the Financial Services Commission, guaranteed on July 13, 2016, the payment of the performance guarantee amounting to KRW 43,930,400 to the creditor, Ulsan-gu Office.

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