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(영문) 수원지방법원 여주지원 2020.04.24 2020고정90

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is an insured policyholder and insured person who purchased the “C” goods sold by the Victim B Co., Ltd. (hereinafter “instant insurance”), and a person who had neglected the number of persons in the Econt clubs C on March 26, 2018, Econt clubs D on March 26, 2018.

The Defendant: (a) made a false receipt for the instant insurance with the aim of securing the number of neglected persons and Albacon Cost (in the event that he/she did so by hand within the insurance coverage to the extent that he/she did so with a man or Albacon with a golf game, he/she would be paid for commemorative souvenirs, congratulatory congratulatory expenses, and congratulatory expenses); and (b) made a false receipt for the instant insurance with the intent to receive insurance money from the victim company by receiving insurance money in cash.

On April 10, 2018, the Defendant paid KRW 2,000,000 from G office located in E-si in E-si, Leecheon-si on the same day to the trading cost for the blind person, and accordingly, filed a claim for the same amount of insurance money in accordance with the insurance agreement of this case.

However, in fact, the defendant did not have had a golf game equivalent to KRW 2,000,000 from I to a commemoration of the number of neglected people.

On April 12, 2018, the Defendant was transferred KRW 2,000,000,000 from the victim company to the savings account (K) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Requesting cooperation to request an investigation of insurance fraud for an alone;

1. Statement concerning L;

1. Application of Acts and subordinate statutes on payment resolution of insurance proceeds;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the suspended execution under Article 62(1) of the Criminal Act, the fact that the defendant returned the money and agreed with the victim, that the defendant paid the expenses for the neglected number of persons after the lapse of the period stipulated in the insurance clause, there is no power to commit the same kind of crime, the defendant's age, character, conduct and environment, etc.