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Defendants shall be punished by imprisonment for eight months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
Defendant
B On January 14, 2014, the Seoul Western District Court was sentenced to one year of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on June 6, 201, and the judgment became final and conclusive on January 22, 2014.
If a policyholder concludes an insurance contract for non-dividendd pension insurance product sold in life-long, the insurance agency attracting the insurance is entitled to receive approximately 580-600% of the monthly insurance premium from the life of the following month (Insurance premium for about six months) as insurance commission.
However, if the insurance contract is terminated due to the reason that the policyholder does not pay the premium within a certain period, the insurance agency should return the fee to the insurance company. In order that the insurance agency does not refund the fee, it should pay the premium for 13 months in the case of the pension insurance with no dividends from July 24, 2009 and maintain the insurance contract.
However, if a policyholder pays only the first-six-time insurance premium, the insurance premium can be paid after obtaining a loan of terms and conditions, so it can in fact maintain the insurance contract without any additional burden of the policyholder.
On June 29, 2009, the Defendants stated that “A is operating a pharmacy in Sungnam, and B is operating a pharmacy in the present Sungnam, while the insurance agency lends the insurance fee received from the insurance company to the insurance company, the amount of insurance premium equivalent to KRW 31,360,000 per month will be paid in six times.”
However, in fact, the Defendants were loans to financial institutions of KRW 70 million to KRW 80 million. The first and the third insurance premiums of this case were appropriated as loans secured by the house. The monthly income of Defendant A operated by Defendant A was approximately KRW 10,000,000, and Defendant B operated by Defendant B did not have any profits.