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Defendant
B The defendant C shall be punished by a fine of KRW 3 million, and the defendant C shall be punished by a fine of KRW 1.5 million.
Defendant
B and C shall each be subject to the above fine.
Reasons
Punishment of the crime
D Co., Ltd. (hereinafter referred to as “D”) is a corporation established for the purpose of credit business, etc. in Gangnam-gu Seoul Metropolitan Government; A from December 29, 2014 to May 21, 2015, a director of the above company from May 22, 2015, and a representative director from May 22, 2015; Defendant B served as an auditor; Defendant C is the representative of F Co., Ltd. located on the same floor as the above D.
A around April 3, 2017, while running guarantee insurance business corresponding to the type of insurance for non-life insurance business without obtaining a license from the Financial Services Commission, was detained separately, the defendant C, who was delegated the D business to the defendant B and requested by the defendant B to help the defendant B, conspired to issue a payment guarantee letter to the company found in D along with the defendant B and receive fees.
1. No person who violates the Insurance Business Act shall run guarantee insurance business without obtaining permission from the Financial Services Commission;
Nevertheless, on May 15, 2017, Defendant B, C, and A issued and delivered a letter of guarantee to guarantee the performance of the amount equivalent to KRW 500 million to the creditor H et al. to the third party, other than the creditor, at the above D office without permission of the Financial Services Commission.
As a result, Defendant B, C and A conspired to run guarantee insurance business without permission from the Financial Services Commission.
2. No person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report under finance-related Acts and subordinate statutes, shall engage in the business of raising funds by receiving money or securities from many and unspecified persons on the condition that such persons will compensate for any future economic loss as money or securities;
Nevertheless, without permission from the Financial Services Commission, Defendant B, C, and A receive fees equivalent to KRW 10 million from G at the time and place specified in the preceding paragraph.