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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From March 5, 2010 to December 2012, 2010, the Defendant is a person who served as an insurance solicitor belonging to the victim D (representative E, hereinafter “the above company”) located in Busan Jin-gu C building in Busan.
1. The Defendant received early settlement support from the above company on the condition of “the results of conversion” (the payment of insurance for each month, the first month from every three months to the first month, and 2.5 million won to 12 months). However, even if the Defendant entered into an insurance contract by lending the Defendant’s name, and then raising some performance by paying the premium, etc., as set out in the following “B,” the Defendant did not have any intent or ability to raise the result of conversion by means of normal insurance contract as an insurance solicitor.
Nevertheless, in the office of the above company in February 2010, the above company E, stating, “I will raise the result of a normal insurance contract with an insurance premium of 3.2 million won every month from the first month to the three months, and will raise the result of a normal insurance contract with an insurance premium of 2.5 million won every month from April to December, 2010,” and it received from the above company a transfer of KRW 35,000,000 from the above company to the Busan bank's deposit account in the name of the early settlement subsidy under the terms and conditions of the conversion performance.”
2. After concluding an insurance contract, the Defendant recruited those who have no intent to maintain the insurance contract in a normal manner by using the fact that insurance solicitation allowances and insurance maintenance allowances are paid when paying insurance premiums at least once, and thought to receive allowances by concluding an insurance contract formally.
On March 25, 2010, the Defendant continued to pay insurance premiums and maintain an insurance contract normally even if he/she purchased insurance.