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Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
B shall be punished by a fine of 2,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[2019 Highest 3498] Around September 2016, the Defendant proposed that “F and G shall invite persons who have no intent to continuously maintain an insurance contract to enter into an insurance contract under the condition of paying premiums on behalf of the insured, and even if an insurance solicitation business is run in the manner of paying premiums by the insured contractor with the fees, it may give full profits to the insured,” and that the Defendant and F and G shall, upon receiving their consent, transfer the fees to G account when the insurance solicitor is paid by the victim, and again transfer the transferred fees to the Defendant account. The Defendant shall return the insurance premium to G account to be paid by the insurance solicitor’s benefits and insurance solicitors, and G shall divide profits by transferring the transferred money to the insurance solicitor’s account to the insurance solicitor’s account.
Around September 30, 2016, the Defendant conspiredd with F and G as above, and solicited H, I, and J as the victim’s subscription to the K insurance contract in the same manner as above, the Defendant deceptioned the victim by submitting an insurance contract subscription form to the victim as if the F, I, and J applied for an insurance contract with the intent to directly pay the insurance premium. On October 25, 2016, the Defendant received 8,666,234 won from the victim as the insurance subscription fee under the name of the insurance subscription fee and received it from the victim, from that time until March 24, 2017, and acquired 90,956,868 won in total from the victim as stated in the attached list of crimes by the same method as 49 insurance solicitation fees.
[2019 Highest 3589]
1. Defendant A: L Co., Ltd. and the Defendant’s insurance products entrusted by many insurance companies (hereinafter “L”) with the sale of insurance products.