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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In spite of the fact that the defendant was merely paid the premium by substitute payments from the East Fire Marine Insurance Co., Ltd., the court below found the defendant guilty by misunderstanding the facts charged, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. Even if the defendant received a request for the substitute payment of premiums from the Dongbu Fire Marine Insurance Co., Ltd., as alleged by the defendant, it does not affect the conclusion that the defendant violated Article 98 subparag. 4 of the Insurance Business Act prohibiting the substitute payment of premiums, as long as the defendant lent the name of the Bank of Korea Co., Ltd. and paid the premiums in the case of each of the insurance solicitation in the case of this case, and accepted the demand for substitute payment, and directly paid the premiums in the case of the first time, and therefore,
B. There are some circumstances to consider the Defendant’s decision on the assertion of unfair sentencing in the process of paying the insurance premium on behalf of the Defendant. Although the Defendant is recognized as not having any economic benefits substantially earned by the Defendant due to the instant crime, the Defendant’s crime of this case is not deemed to be unfair by taking full account of the following circumstances: (a) the Defendant’s act of preventing unfair insurance solicitation is against the legislative intent of the Insurance Business Act to protect policyholders; (b) the insurance paid by the Defendant is up to 118 items; (c) the Defendant has the history of having been subject to suspended sentence 1, a fine 15 times; (d) the Defendant was sentenced to a more minor punishment than the original summary order issued by taking into account the circumstances favorable to the Defendant; (e) there was no change of circumstances that may be considered in the sentencing after the decision of the lower court was rendered; and (e) other various circumstances that are conditions for sentencing in the records and arguments of this case.
3. Conclusion.