A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the prosecution against the victim C is instituted.

Punishment of the crime

[2012 Highest 1711]

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. Where an insurance solicitor in fact engages in the insurance solicitation, an insurance company pays to the insurance solicitor an amount equivalent to about 10% of the total amount of premiums to be paid by the insurance policyholder during the contract period as a fee for insurance solicitation. Of the insurance solicitation fees, an amount equivalent to about 60% of the insurance solicitation fees shall be paid on the first payment date of the insurance contract concluded under the name of “pre-contract fees” and an amount equivalent to the remaining 40% shall be paid in installments during the insurance period under the name of “maintenance fees”.

In addition, where an insurance contract is terminated or invalidated after the payment of the insurance subscription fee, ① if the insurance contract becomes effective within 3 months from the date of conclusion of the insurance contract, the insurance solicitor shall refund the insurance premium paid by the insurance company, such as the pre-contract fee, and ② if the total amount of the insurance premium paid by the insurance policyholder thereafter becomes effective before the insurance contract is equivalent to the total amount of the commission paid by the insurance company from the insurance company to the insurance agency, etc., the insurance company shall return the amount equivalent to the amount obtained by deducting the amount received by the insurance company from the total fee already paid by the insurance company, and ③ if the insurance contract becomes effective after the termination of the insurance contract, the insurance company shall not be obliged to refund the

B. The Defendant, using the above practice of the insurance solicitation commission as seen above, solicits insurance contracts by soliciting the surrounding persons who have no intent to maintain insurance during the insurance contract period to enter into an insurance contract, thereby obtaining the insurance solicitation commission from the insurance company, thereby sharing the profits.