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(영문) 서울중앙지방법원 2014.08.07 2014고단3415
보험업법위반
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Crimes related to D Co., Ltd;

A. On October 2010, the Defendant obtained consent from D Co., Ltd. (hereinafter “D”) to establish and operate a “F” independent of D’s head office from D’s actual operator, and then opened “F” on the fourth floor of Gangnam-gu Seoul Metropolitan Government G Building and issued a guarantee certificate from that time.

(b) Any person who intends to run an insurance business shall obtain permission from the Financial Services Commission by types of insurance, such as life insurance business, non-life insurance business and Type 3 insurance business

Nevertheless, on November 16, 2010, the Defendant issued a certificate of payment guarantee with the name of creditor I, the Small and Medium Enterprise Promotion Education Center (the State), the guaranteed amount amount of 200 million won, and the guarantor D Co., Ltd., the Defendant issued a certificate of payment guarantee with the name of creditor I, the debtor education center (the State), the guaranteed amount of 200 million won, and the guarantee certificate with the guarantor D Co., Ltd., under the condition that the Defendant was requested to issue the certificate of payment guarantee with the F Co., Ltd.’s investment amount of KRW 200

In addition, from November 16, 2010 to July 12, 2012, the Defendant issued and issued a written guarantee in an amount equivalent to KRW 2.745 billion at face value over 15 times under the condition that 3 to 5% of the guaranteed amount is paid as a fee in the same manner as indicated in the attached list of crimes.

Accordingly, the defendant operated a non-life insurance business without obtaining a license from the Financial Services Commission.

2. Crimes related to J Co., Ltd.

A. On September 11, 2012, the Defendant, at Gangseo-gu Seoul Metropolitan Government K, operated a business to issue a guarantee insurance policy, such as the payment guarantee, authorization and license insurance policy, with the trade name, “Seoul Branch Co., Ltd. (D Co., Ltd.’s change of trade name)”.

(b) Any person who intends to run an insurance business shall obtain permission from the Financial Services Commission by types of insurance, such as life insurance business, non-life insurance business and Type 3 insurance business;

Nevertheless, it is not appropriate.

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