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(영문) 청주지방법원 2018.08.30 2018고단720

사기

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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants subscribed to receive insurance money by receiving false information on the occurrence of an insurance accident, as the insurance policy purchased by Defendant A does not apply to Defendant B.

Defendant

A around October 15:56, 2017, around October 15:56, 2017, accepted insurance policies to the effect that “Defendant B got off against Defendant B and knee in the market.”

However, Defendant B did not face with Defendant A, and around 19:00 on July 30, 2017, Defendant B went beyond 5 days from the 5th day of internal waters opened for repair within Cheongju-si’s internal waters, and Defendant A was unable to claim insurance proceeds of the “non-dividend Samsung Samsung Fire Safety Insurance” which Defendant A joined. As Defendant B’s receipt of insurance proceeds, Defendant A was unable to receive insurance proceeds with the aim of reducing the amount of compensation for his/her losses by having Defendant B receive the insurance proceeds, and requested Defendant B to accept the insurance proceeds.

Accordingly, Defendant B made a false statement to the victim according to the above request for the purpose of receiving insurance money.

Defendant

B was given 1 million won as insurance money to the injured party.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Each written confirmation;

1. An accident receipt report;

1. Application of Acts and subordinate statutes that resolve to pay insurance proceeds;

1. Defendants: Article 8 of the Special Act on the Prevention of Fraud by Insurance, Article 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The fact that the above defendant A recognized the crime and is against the wrongness, that is the primary offender, and that the amount acquired by deceit is returned to the victim.