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(영문) 광주지방법원 순천지원 2013.11.06 2013고정393

사기미수

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as a person operating the “D fishing time” in 100,000 won in the instant fishing time, was willing to obtain fire insurance money by claiming excessive insurance money by claiming for a false insurance money, as he had been holding more inventory than the inventory of fishing products in fact, to compensate for movable property destroyed by a fire within the limit of 150,000,000 won due to a fire at the said fishing time.

On April 2012, the Defendant demanded to prepare a false statement of trading, etc. as if the trading volume was the recent trading volume, by contact with each business owner of E fishing, F, G, H, I, J, K, L, and M, each of the business partners of the Defendant, at an infinite and do not exceed the end of 2012.

On April 24, 2012, the Defendant claimed insurance money at Samsung Fire Hacheon Branch located in Samsung Fire Hacheon-dong Seoul Metropolitan City Ordinance around 2012, stating that “2,50,000 won as movable property” was included in the loss column despite that the actual stock amount at the time of the fire was approximately KRW 64,99,00,000, and attempted to acquire approximately KRW 85,001,000 in the difference of insurance proceeds by submitting the trading statement, etc. of approximately KRW 236,768,070, which was falsely prepared, as an explanatory material, to the Samsung Fire. However, the Defendant did not bring about suspicion of the applicants for the excessive payment of insurance proceeds from Samsung Fire and failed to pay insurance proceeds.

Summary of Evidence

1. Each legal statement of the witness N,O, and P;

1. Prosecutions and police interrogation protocol of the accused;

1. Statement by the prosecution concerning P;

1. A written claim for insurance money and an application for insurance;

1. Determination as to the defendant's assertion regarding the confirmation details of each insurance claim transactions

1. At the time of the occurrence of a fire as to the gist of the allegation, the inventory amount was KRW 250 million.

Therefore, the insurer did not obtain insurance money.

2. Determination

A. According to the records, the following facts can be acknowledged.

A trader shall have the amount requested by the trader.