beta
Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal records] On November 16, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on March 201, and the judgment became final and conclusive on the 24th of the same month.
[2] The Defendant: (a) obtained an insurance application from a person who was working as an insurance designer at a new company branch of Seocho-gu Seoul Metropolitan Government (hereinafter “victim Company”) at the 20th floor; (b) submitted it to an insurance company; (c) paid a part of the insurance premium; and (d) received fees from an insurance company according to the result of the insurance subscription, the Defendant acquired the fees by fraud by terminating the said insurance contract.
1. On July 31, 2015, the Defendant borrowed the name of D, who is a son at the above office, entered into a life insurance contract with the victim company in its name, and claimed insurance solicitation fees from the victim company.
However, in fact, insurance subscribers D did not have the intention or ability to conclude and maintain an insurance contract in a normal manner by paying insurance premiums directly, and the defendant thought that he would receive insurance solicitation fees from only a part of the initial insurance premiums and receive them.
The defendant obtained 2,513,149 won from the victim company to receive insurance solicitation fees around that time.
2. No person engaged in concluding or soliciting insurance contracts in violation of the provisions of insurance business Act shall pay insurance premiums on behalf of a policyholder to an insurance contract or the insured in connection with his/her stay or solicitation;
Nevertheless, the Defendant paid 9,101,966 won in total over 40 times from around March 2, 2016, including the payment of insurance premium of 238,620 won to F, and from around that time to June 1, 2016, the Defendant paid 9,101,966 won in total by the same method as in the list of crimes in attached Form 40.
Summary of Evidence
1. The defendant;