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(영문) 서울중앙지방법원 2013.04.23 2012고정6319

사기

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[Public Offering Relations] D and E jointly operate “F Information Communications” and “G Information Communications” in the Dong-gu Incheon Metropolitan City, and H was an employee from March 9, 201 to September 26, 201, working for the said “F Information Communications” and “G Information Communications”, and the aforementioned D, E, and H are “public offenders.”

Around December 2010, the Plaintiff recruited the opening name on the condition that he/she pays approximately KRW 4,50,000 per mobile phone as a honorarium for each mobile phone in return for the purchase of a mobile phone and the report of false loss after the opening of the mobile phone, subscribed to the loss insurance service at the time of opening the mobile phone, and received a report of loss by making a false report to the competent police station even though the fact was not lost, and thereafter, conspired to commit an insurance fraud for the loss of the same type of mobile phone as the insurance money by claiming the insurance money based on the report of loss received by the insurance company.

1. Defendant A, in collusion with the above accomplices, filed a false report on loss at the competent police station even though the fact on April 25, 201 had never been lost of a mobile phone. On the 28th of the same month, Defendant A submitted a false claim for insurance money with the content of a false report receipt issued through the above request to the victim modern marine insurance company and the victim Samsung F&M insurance company, respectively.

5. 11. The Defendant received from the Victim Samsung Fire Insurance Company and the Victim Hyundai Marine Insurance Company one cell phone with a total of KRW 2480,000,000 from each of the 620,000 at each market price and acquired it by deception, as described in the separate crime list from around that time to June 10, 201, and acquired the total of KRW 2,480,000 from around that time.

2. Defendant B, in collusion with the above accomplices, lost the mobile phone on May 17, 201.