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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendants were working as insurance solicitors at the victim E company (hereinafter referred to as the "victim company") office in the second floor of the building in the Nam-gu Incheon Metropolitan City.
1. Defendant A
A. The Defendant, based on the result of insurance solicitation, purchased an insurance contract on condition that the policyholder will pay the insurance premium more than that of the first insurance company on condition that the policyholder will pay the insurance premium, even if he/she solicits the insurance, he/she may gain profit equivalent to the difference between the commission and the amount of the insurance premium paid more than that of the first insurance company. In addition, even if the insurance is terminated immediately after the insurance is terminated, he/she shall prepare the insurance contract on condition that he/she will pay the insurance premium by substitute for the insurance company with the fact that it requires a considerable time to recover the already paid fee, and then, he/she shall submit it with the substitute payment premium to the insurance company, and then, he/she shall have the said policyholder receive the fee from the insurance company as if he/she actually prepared the insurance contract at the time of confirming the suitability
At the above office around August 23, 2013, the Defendant: (a) concluded an insurance contract of Mez Fire Co., Ltd. under F with only the name of the contractor who does not intend to conclude an insurance contract; (b) entered into the said contract in the name of F with the Defendant stated the Defendant as a solicitor; and (c) received KRW 741,497 from the Defendant’s foreign exchange bank account via the Defendant’s name to transfer KRW 741,497 as commission fees; and (d) entered into a false insurance contract of 56,938,852 as stated in attached Table (i) to November 2013 and received KRW 55,938,852 as commission fees.
(b) Any person who violates the Insurance Business Act shall enter into an insurance contract.