A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From April 16, 2012 to September 29, 2014, the Defendant was an insurance solicitor in AIA life insurance company.

No person engaged in the conclusion or solicitation of insurance contracts shall provide any special benefits by means of paying premiums on behalf of any policyholder or the insured, etc. in connection with the conclusion or solicitation thereof.

Nevertheless, the Defendant, at the E (State) office located in Seongbuk-gu, Seongbuk-si, Sungnam-si, entered into a contract with E (State name as policyholder E) (from February 14, 2013 to E) and the insured by 90 employees F of that company, provided special benefits to policyholders by way of paying the total of KRW 19,054,720 for insurance premiums to be paid by E, a policyholder, on September 25, 2012, including payment of KRW 19,054,720 for insurance premiums to be paid by E, a policyholder, from around that time to July 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. The list of contracts, details of account transactions, details of payment of premiums, application of Acts and subordinate statutes on insurance contracts and documents related to accusation;

1. Article 202 of the relevant Act and Article 202 of the Insurance Business Act and Article 98 subparagraph 4 of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. From among concurrent offenders, the Defendant committed the instant crime in order to raise his performance or to receive insurance solicitation commission or solicitation allowance from an insurance company for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

In order to facilitate the payment of premiums, the Defendant: (a) registered a business operator of “E”; and (b) maintained the account in the name of “E” and directly managed the account in the name of “E; and (c) prepared and implemented the instant crime by paying the premium through the said account; and (d) receiving the refund of the premium.

The defendant is to avoid the recovery of fees.