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(영문) 광주지방법원 2018.10.11 2018고단1425

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant, at around 17:00 on the 17:00 Naju City, was seated on the roads 3 meters high from the ground and on the roads lying down at the “D” restaurant, which is located in C, the Defendant was faced with the bridges of both sides by getting off the center of the mixed and be on the bridges.

Although Defendant used the above injury and inflicted a bodily injury on the Defendant, he tried to look at the Defendant’s shoulder part of the Defendant in the process of E’s work, and to obtain insurance money from the insurance company to which E was a member of E, by referring to the fact that he suffered a bodily injury.

Accordingly, around July 7, 2016, the Defendant prepared a claim for insurance money, stating the following reasons: “On May 19, 2016, the victim Hyundai Commercial Reinsurance Co., Ltd., Ltd., located in Seo-gu, Seo-gu, Gwangju, to the effect that the Defendant 72 met with the body of the vessel and fell at a 3-meter height of the vessel while smoking tobacco, and submitted it to the employee in charge of non-name.”

On April 28, 2017, the Defendant acquired insurance money from the damaged party in the name of the medical expenses and acquired it through the delivery of KRW 4,502,359 in the name of the damaged party, and attempted to acquire the insurance money in the same way, 92,537,724 in the name of the damaged party on the ground that there is a possibility of self-accident, but did not achieve the intent of refusing the payment of the insurance money from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to F and E by the prosecution;

1. Statement of the police statement related to G;

1. A report on applied reverse interpretation and engineering analysis;

1. Application of Acts and subordinate statutes to documents related to claim and payment of insurance proceeds related thereto (including medical records, such as medical certificates);

1. Article 8 of the Special Act on the Prevention of Fraud by Insurance under the relevant Act on Criminal Facts, and Articles 10 and 8 of the Special Act on the Prevention of Fraud by Insurance ( point of attempted fraud by insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;