beta
(영문) 서울동부지방법원 2016.04.20 2016고정413

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 5, 2015, at around 01:0, the Defendant: B, an employee of the rental car company run by the Defendant, leased from the Defendant, and received contact from the Defendant that the sports car was transferred from C Slar, which is owned by the Hyundai Capital (State). Around January 5, 2015, the Defendant was in contact with the Defendant that the incident was taken into the retaining wall inside 356 inner circulation road of Seongdong-gu, Seongdong-gu, Seoul.

After having immediately arrived at the site, the Defendant was unable to carry out insurance management because B was not the subject of the comprehensive car insurance of the said sports car at 20 years of age, and was unable to carry out the insurance management. In order to deal with the car insurance, the Defendant directly driven the car in order to deal with the car insurance, and was able to receive false reports on accidents and insurance as if the accident occurred.

On the same day, the Defendant filed a claim for the report of an accident and the payment of insurance money to the call center of the Victim KB Non-Life Insurance Co., Ltd. (at the time LIG Non-Life Insurance Co., Ltd.), and received KRW 49,933,00 from the injured party as the repair cost of the vehicle around April 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to a detailed statement of insurance proceeds and a copy of a report as a result of handling a traffic accident;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;