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.

Punishment of the crime

The Defendant, as an insurance solicitor of the victim B, worked as a team member at the victim’s “C branch”.

The victim had a policy to pay 7 months of the fees to be paid over 12 months to insurance solicitors in advance in the following month of the date of the conclusion of the insurance contract. However, the Defendant had been willing to conclude and maintain the insurance contract by borrowing the name from those who did not intend to conclude and maintain the insurance contract, and by paying the insurance premiums in lieu of those who did not intend to do so, intended to receive money from the victim in the name of the insurance solicitation commission.

1. On July 31, 2015, the defrauded: (a) around July 31, 2015, the Defendant drafted a document related to the insurance contract for the “F” insurance company’s “G” goods, which is named as the policyholder and insured by using the name of “F” at the victim’s location in the nine floors of the building in Gangnam-gu Seoul Metropolitan Government; and (b) submitted it to the victim for the insurance contract

However, in fact, the defendant concluded an insurance contract using the name of E and temporarily maintained the contract, and did not have any intent or ability to maintain the insurance contract under the above name of E by entering into the insurance contract in a normal manner.

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 1,987,679 as a fee for soliciting insurance contracts, as stated in attached Table No. 1 of the List of Crimes around August 2015 from the victim, and received KRW 67,73,041 as a total of 21 times as shown in the attached Table of Crimes List of Crimes.

2. A person engaged in concluding or soliciting insurance contracts violating the Insurance Business Act shall not pay insurance premiums on behalf of a policyholder or the insured in connection with the conclusion or solicitation thereof;

Nevertheless, the above paragraph (a) is applicable to the defendant.