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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 2016, the Defendant: (a) served as an insurance solicitor in C with a damaged person established for the purpose of insurance agency business from around January 2016 as an insurance solicitor; (b) had the insurance solicitor paid a certain portion of the solicitation fee to the insurance contracts solicited by the insurance solicitor; and (c) had the persons who do not have the intent of the insurance contract subscribed to the insurance contract using the “passing advance payment system” and have them
Accordingly, on January 26, 2016, at the victim office located in Daegu-gu, Daegu-gu, the Defendant entered into an insurance contract with the insurance contractor E (the defendant's living together) to pay KRW 355,980 per month insurance premiums for insurance products with contract number F, and entered into a total of 48 insurance contracts as shown in the attached Table 1 reexamination of crimes from around that time to November 16, 2016.
However, the 48 cases of the above insurance contract were not a true insurance contract that the insurance contractor concludes the insurance contract and decides to pay the insurance premium each month, but a false insurance contract that the defendant borrowed only the name of the insurance contractor to receive the advance payment fee.
Nevertheless, at the above office around February 2016, the Defendant received KRW 1,865,655 as a pre-payment fee from the injured party, as well as the Defendant received KRW 1,865,655 as a total of 48 times in total under the pre-payment fee as in the attached Table 1 re-payment fee, from around that time to December 2016.
2. No person engaged in the conclusion or solicitation of insurance contracts violating the provisions of insurance business Act, shall provide any special benefits to pay insurance premiums on behalf of any policyholder in connection with the conclusion or solicitation thereof;
Nevertheless, the Defendant, from January 2016 to December 2016, 3,659.