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(영문) 서울중앙지방법원 2018.01.12 2016나54154
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The plaintiff is an insurance company that runs the automobile insurance business, etc., and the defendant is the representative of the E-Motor Vehicle Maintenance Agency located in E-Motor Vehicle D (hereinafter the "instant Maintenance Agency"), who operates the instant Maintenance Agency.

The Defendant B (Co-Defendant in the first instance trial) served as the former director of the instant maintenance office, the Defendant’s son F as the factory manager of the instant maintenance office, and G as the person in charge of claim and receipt of the insurance money of the instant maintenance office.

On November 8, 2013, the prosecutor of the Suwon District Prosecutors' Office (hereinafter referred to as "F") charged the following facts: "F, from July 9, 2009; G, from August 1, 2010 to August 1, 2010, by either individually or jointly submitting a false receipt; requesting the Plaintiff, etc. to use new parts despite having used used used used used parts; or intentionally expanding damaged parts; by deceiving the Plaintiff, etc., and by deceiving the Plaintiff, etc., the sum of F in terms of repair expenses; and F and G received KRW 602,24,490 in total (hereinafter referred to as "the fraud of this case") with the sum of KRW 602,24,490, as well as F and G, in fraud, etc.

(hereinafter referred to as “related criminal case”). The first instance court of the relevant criminal case (U.S. District Court 2013Ma6184) found all the charges guilty, and imposed F imprisonment for three years and G with prison labor for six months, respectively.

Accordingly, F and G appealed, and the appeal court of the relevant criminal case (U.S. District Court 2016No3925) intentionally destroyed the facts charged as if the external panel, which did not damage the suffered vehicle, was damaged, in the case of “a false claim for replacement or replacement of parts” in the case of “a false claim for replacement or replacement of parts,” even if the recycled parts or used parts were recycled as parts used in the repair of a motor vehicle, or parts deducted from the existing stored vehicles, by submitting false receipts to each insurance company.

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