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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant was an insurance solicitor at C, an insurance agency for future life insurance, the victim, from September 2009 to December 2, 2009.
The Defendant: (a) had a person who has no intent or ability to maintain an insurance, prepare an insurance contract on the condition of paying insurance premiums on behalf of him; (b) submitted it to the victim with payment insurance premiums; and (c) had the policyholder do so as to make a false statement as if the policyholder actually prepared the insurance contract when confirming whether the victim’s insurance coverage was proper; and (d) had the policyholder receive the fee according to the result of soliciting the insurance by deceiving the victim as if
Around December 11, 2009, the Defendant: (a) at a D restaurant in the address of Seoul (Seoul) and below; (b) at the D restaurant, the Defendant: (c) concluded an insurance contract in the name of E, stating that “I will only cause damage to a private person; and (d) the premium will be paid in advance; and (c) completed an integrated life insurance contract in the future of non-dividend distribution franchise in the name of E; (d) paid monthly premium of KRW 25,970 on one-time basis; and (e) submitted the said insurance contract to the victim as if E would normally have subscribed to an insurance contract with intent to pay the premium continuously.
As above, the Defendant, by deceiving the victim, received KRW 1,643,730 under the name of insurance solicitation commission on January 25, 2010 from the victim, and entered into a total of 21 false insurance contracts from October 23, 2009 to January 25, 2010, and obtained total of KRW 40,824,081 from the victim as shown in the attached list of crimes.
2. Any insurance solicitor engaged in concluding or soliciting an insurance contract violating the Insurance Business Act shall not pay the insurance premium on behalf of any policyholder, etc.;
Nevertheless, the Defendant, like Paragraph 1, paid the insurance premium to the policyholder E, and from September 17, 2009 to December 8, 2009.