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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
B Co., Ltd. is a company in charge of insurance brokerage business after concluding an entrustment contract with the victim Co., Ltd. (hereinafter “victim Co., Ltd.”).
The Defendant is a person who had worked as an insurance designer at the “E” location of the Co., Ltd. in the third floor of Jongno-gu Seoul Metropolitan Government D Building from March 2015 to November 2015.
When maintaining the insurance contract between several months, the defendant abused that the insurance designer who arranged the solicitation of insurance policyholders and the conclusion of the insurance contract from the victim company would be paid allowances according to the performance of the contract formation and maintenance. After entering into the insurance contract formally without the genuine intent of the insurance contractor, the defendant was willing to obtain the relevant allowances from the victim company through the method of paying the insurance premiums of the relevant insurance contractor in installments.
On May 20, 2015, the Defendant filed a claim for allowances with the victim company, with the consent of F, even though F was a person who had no intent to pay insurance premium by purchasing insurance products (G) of the victim company. However, F, with the consent of F, filed a claim for allowances with the victim company as if the insurance contractor and the insured were the actual insurance contract.
On June 25, 2015, the Defendant received KRW 2,146,00 from the employees in charge of the victim company to receive KRW 2,146,00 as allowances.
In addition, from that time until November 25, 2015, the Defendant had the victim company B receive a total of KRW 83,228,366 won from the victim company on 11 occasions in terms of allowances, as described in the list of crimes in the attached Table, from that time to November 25, 2015, and received KRW 61,004,485 from B.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness H;
1. A protocol concerning suspect interrogation of I by the prosecution;
1. A protocol concerning the examination of each police officer concerning J, K, H, L, or I;
1. Statement made by the police against M;
1. Details of transactions;