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(영문) 서울북부지방법원 2020.11.26 2020고정131

보험사기방지특별법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 15, 2014, the Defendant subscribed to the insurance product called “C” of the Victim B Stock Company, and entered into a special agreement on security for the cost of the elderly personnel, which is the limit of KRW 3,000,000, and entered into a special agreement on security for the cost of the elderly personnel, which is the limit of KRW 2,00,000,000, around April 19, 2016.

around October 6, 2016, the Defendant submitted a receipt of golf clothes equivalent to KRW 2,485,200, which was paid in the name of H, the Defendant’s seat at the same place as the Defendant’s seat on the same day and received KRW 5,00,000 as insurance money on November 10, 2016, and received KRW 3,597,000 from the victim as a part of evidentiary documents around November 9, 2016. On October 29, 2016, the Defendant paid golf clothes equivalent to KRW 1,50,000 from the “G department store head office” and then immediately revoked the transaction approval.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Data related to the suspected suspect (suspects and photographs of sales slips for each credit card);

1. Application of Acts and subordinate statutes concerning investigation reports (the re-specific amount of damage, such as A, etc. of suspects), investigation reports (related to the statements by BI excursion ships), investigation reports (the confirmation of details of counseling A), investigation replies requesting cooperation in investigation (the filing of data on H cards outside the case, other than the case) and J card settlement records;

1. Relevant legal provisions concerning facts constituting an offense, and Article 8 of the Special Act on the Prevention of Insurance Fraud in Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Article 334(1) of the Criminal Procedure Act of the defendant and his defense counsel shall pay the payment for golf clothes equivalent to KRW 2,485,200, which the defendant paid by credit card in the name of H (hereinafter “the settlement amount of this case”).

The part corresponding to this case is actually constituted by the defendant at the time of this case.