The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. The summary of the facts charged is the (ju) D representative in Geumcheon-gu Seoul Metropolitan Government 3rd floor.

(State)In collusion with D’s Department E, the Defendant had the option to enter into a guarantee insurance contract and to engage in the fee-charging business, notwithstanding the absence of the fact that D’s (State) obtained a guarantee insurance permit from the Financial Services Commission.

Around September 16, 2009, the Defendant entered into a guarantee insurance contract with the obligee F and the obligor G to compensate for losses incurred by the obligee in connection with the performance of the obligation amounting to KRW 500 million due to a contract between the obligee F and G and received 3% of the amount of the obligation as the fee. From that time until March 3, 2010, the Defendant entered into a guarantee insurance contract with the total amount of 226 times in total and received fees equivalent to 3% of the amount of the obligation, as shown in the attached list of crimes (1).

Accordingly, the defendant in collusion with E without obtaining permission from the Financial Services Commission.

2. The lower court rendered a judgment that acquitted the Defendant on the following grounds.

1) Article 4(1) of the Insurance Business Act provides that "a person who intends to run an insurance business shall obtain permission from the Financial Services Commission for each type of insurance business," and the guarantee insurance constitutes an issue of non-life insurance, and Article 200(1) of the Insurance Business Act provides that a person who violates this provision shall be punished, and first, we examine whether the defendant has run a guarantee insurance business under

2) According to each of the statements in the Defendant and E investigative agencies and in this court, H and I’s statements (the status of issuing a state D payment guarantee certificate, each of each payment guarantee letter, etc.), etc., the Co., Ltd. in which the Defendant actually operates may issue a payment guarantee letter with the amount of KRW 500 million upon the Defendant’s application for Kaba Trade Co., Ltd. on December 9, 2009.