The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In a situation where it is anticipated to increase the insurance premium of insurance products, the main contents of which are compensation due to the nationwide occurrence of damage caused by intensive care around July 2011, the Defendant of mistake of facts is merely purchasing an insurance for F in its name, and the insurance premium is fully recovered at the time of termination of the contract before 13 months after the purchase of the insurance policy. Therefore, there was no intention to acquire the insurance premium from the victim Matz marine insurance company.

B. The lower court’s sentencing (a fine of KRW 700,000) is too unreasonable.

Judgment

A. The following circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the defendant forged an insurance contract in the name of F despite the F's withholding of subscription; (ii) the defendant submitted it to the victim who was unaware of the forgery of the above insurance contract; and (iii) the defendant stated in the investigative agency and the court of the court below that "the insurance premium recommended by the defendant is too high as 30,000 won per month; (iv) the defendant had presented that "the insurance premium recommended by the defendant was suspended; (v) the defendant forged documents without his/her consent to the effect that he/she was insured; and (v) the defendant was an insurance solicitor who signed the insurance contract in the name of F to withhold the insurance without his/her subscription; and (v) the defendant could not find any particular reasons other than the purpose of receiving allowances for the insurance premium under his/her own name; and (v) the defendant did not raise the insurance premium in the name of F with a concentration of national insurance premium nationwide around July 2011.