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(영문) 청주지방법원 2019.01.10 2018노890

보험사기방지특별법위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the facts charged in the instant case is a person running a “D” sports center located in Young-gu, Chungcheongnam-gu (hereinafter “instant sports center”), and the Defendant, around February 2016, stated that the Defendant assisted the president’s livelihood guidance service, etc. from January 2016 to the instant sports center. However, in light of the following: (a) details of the Defendant’s M bank N account transactions in the name of the Defendant and the Defendant stated that he was paid benefits from A from February 2016, it is obvious that it is a clerical error around February 2016; and (b) even if the Defendant corrected the time when he provided labor to the instant sports center as above, it does not seem to have a risk of causing a substantial disadvantage to the Defendant’s exercise of his right to defense. Accordingly, the facts charged in the lower judgment ex officio is corrected.

From the above gymnasium, a person who received approximately KRW 1.2 million per month from the above gymnasium and supported A's livelihood guidance services.

The Defendant and A, on November 2016, when the Defendant came to knee in early 2016, the Defendant and A: (a) submitted to the Defendant E-stock company (hereinafter referred to as “victim company”) around June 29, 2017, a written confirmation stating that “The Defendant did not sign the confirmation letter that the Defendant would not receive insurance money under the instant insurance contract, despite that the physical disability suffered by an employee engaged in his/her business under the “Eless Distribution Property Insurance F” Insurance F (hereinafter “instant insurance contract”); (b) he/she conspired to receive insurance money by making a mere original student who does not provide his/her labor at the said gymnasium, thereby having been injured; and (c) around August 17, 2017.”