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(영문) 서울남부지방법원 2016.09.09 2016고정119 (1)

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a proxy driver who belongs to C agency driving, D and siblings relationship.

D around October 19, 2014, around 03:28, at the shooting distance around the Gu office of Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu, the Defendant was driving a golf car of the Defendant’s E-car while he was working in the front rank, resulting in a traffic accident facing F’s driving of the car.

When the Defendant was unable to carry out insurance management because the said golf car is not covered by self-insurance, the Defendant conspired to receive insurance proceeds by receiving insurance proceeds from the victim LIG Non-Life Insurance (State) as if the accident occurred while driving the said golf car on behalf of the Defendant, even though the Defendant requested the “C Proxy Driving” to drive on behalf of the Defendant, and was not an ordinary driving on behalf of D who was instructed by the C Proxy Driving Business to drive on behalf of the Plaintiff, even though it was not an ordinary driving on behalf of the Plaintiff.

D) Around 04:41 on the same day according to the above public offering, D accepted an insurance policy to the effect that “in the course of a customer’s operating a golf car on behalf of a customer under the order of the call center around 04:33 on a gold day and making a left-hand turn to the left in violation of the signal, the G car driven by F was in contact with F,” and the Defendant submitted a written estimate, medical certificate, etc. necessary for the claim for insurance proceeds.

In collusion with D, the Defendant: (a) inducedd the victimized insurance company as above; (b) received 13,640,000 won with insurance proceeds from the victimized person on February 25, 2015 (Defendant car); (c) paid 1,200,000 won with mutual agreement on November 27, 2014; and (d) paid 103,420 won with the Defendant hospital expenses on December 27, 2014; and (c) paid 334,390 won with the Defendant hospital expenses on January 6, 2015; and (d) received 250,000 won with the hospital expenses on January 13, 2015; and (e) received 1,21,211,000 won with insurance proceeds from the insured person on October 21, 2014; and (e) paid 334,390,000 won with the insured person’s insurance proceeds from the insurance proceeds.

Accordingly, the defendant, in collusion with D, obtained a total of 16,824,150 won as insurance money.