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(영문) 춘천지방법원 2017.06.22 2017고정83

공갈등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a C's employee who is dispatched to the site and carries out the affairs of receiving insurance in the event of an accident of a vehicle purchased by a company AXA non-life insurance, interesting fire, or lot damage insurance company.

1. On March 13, 2016, around 20:07, the victim D, who was a public victim, driven a e-mail truck in the parking lot in Pyeongtaek-dong, Bupyeong-dong, in a state of the 3 remaining tin of the week, was involved in an accident involving any flap vehicle parked therein, and received an accident from an insurance private company AXA non-life insurance (hereinafter “AXA non-life insurance”) to process the accident.

Accordingly, the defendant, who was dispatched to the site, made the victim D to prepare a self-paid report that is a driver of drinking, without submitting it to AXA non-life insurance, accepted that the AXA non-life insurance was an ordinary accident that does not have a driving of drinking.

After that, on March 15, 2016, the Defendant called the victim D to the effect that he/she has a self-driving certificate of the victim's drinking driving around 15:00 on March 15, 2016.

If a drinking event is known, he/she shall not be subject to insurance.

The Defendant received 280,000 won from the Defendant’s mother’s account in G to the agricultural bank account in the name of G on the same day from the fluent victim D who threatened “.”

2. As stated in paragraph (1) of occupational breach of trust, the defendant, who was dispatched to the scene, was informed of the fact that drinking driving was discovered and the duty to take measures to make the driver pay one million won of the cost of the accident to the insurer.

Nevertheless, the Defendant violated this duty, thereby concealing the driving of D's drinking driving to the victim AXA non-life insurance and preventing the imposition of one million won of the accident charge.

Accordingly, the defendant has acquired property benefits equivalent to KRW 1 million to D and has inflicted property damage equivalent to the same amount on the victim AXA non-life insurance.