beta
(영문) 대전지방법원 2015.07.08 2015고단940

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

83 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not an attorney-at-law or a certified damage adjuster who has worked as the secretary of an attorney-at-law office.

On April 2012, the Defendant introduced the H’s wife F in preparation for the claim of H’s insurance money, which was injured at the construction site through G, at the hospital office (F) located in Daejeon Jung-gu, Daejeon, through G.

At that place, the Defendant: “I (State) representative director A”; and “I (State) had subscribed to insurance in many places with South Korea as the insured; and (1) had been well aware of the necessary certificates and seal imprints, etc. to claim insurance money to the insurance company; and (2) had the insurance company receive the maximum amount of insurance money in consultation with the insurance company; and (3) had the insurance company pay the necessary expenses; and (4) had the insurance money paid later, the Defendant responded to this.”

1. Fraud;

A. On July 12, 2012, the Defendant: (a) found the Victim F in F with the above E’s innex; and (b) stated that “I would deliver the cost of attorney-at-law’s appointment to the victim F as an attorney-at-law’s office to which he belongs in connection with the claim for insurance money in South Korea; and (c) received money from the victim F who believed it as true to have been transferred KRW 4.4 million from the victim F to the deposit account in the name of the Defendant.

However, at the time, the defendant did not intend to use the money received from the victim F as a lawyer's fee in relation to the claim of this case, and was thought to use the money to pay the victim F for private purposes such as the repayment of debts.

Nevertheless, the defendant, by deceiving the victim F, obtained 4.4 million won by deceiving the victim F.

B. On October 11, 2012, the Defendant stated to the effect that “I wish to obtain a disability diagnosis certificate necessary for claiming insurance proceeds from the victim F in the above E E E, the victim F must be subject to personnel management, and the said money is necessary.”