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(영문) 춘천지방법원강릉지원 2020.10.23 2020고정137
보험사기방지특별법위반
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 shall be one day.

Reasons

Punishment of the crime

The golf insurance (life insurance for the elderly) is a de facto hand-type insurance contract that compensates for the expenses actually paid at the cost of the elderly person ( ① the cost of commemorative goods for the increase of the number of elderly persons, ② the cost of congratulatory donation, ③ the cost of congratulatory donation) and the insurer had the number of elderly persons.

Even if the terms and conditions limit the expenses to the items of expenditure, the expenses shall be disbursed, and the insurance money shall be claimed and paid with evidence, such as true card receipts, along with the expenses paid.

Around August 18, 2017, the Defendant submitted a claim for insurance proceeds to the effect that “the Defendant paid insurance proceeds equivalent to KRW 5,000,000,000 to an employee in the name of the victim B Co., Ltd. on August 7, 2017,” to the effect that “the Defendant paid insurance proceeds equivalent to KRW 5,00,000,” from “D East Sea Point” on August 18, 2017, the receipt that paid KRW 2,10,000 from “E”, the receipt that paid KRW 750,000 from “E” on the same day, and the receipt that paid KRW 810,00,000 from “F” on August 20, 2017, but was submitted as evidentiary documents, and the above receipt that paid KRW 3,660,000 in total was revoked immediately after the settlement.

Around August 25, 2017, the Defendant deceivings employees of the victim’s name in distress, and then acquired KRW 5,000,000 from the victim as insurance money, and acquired KRW 3,660,000, which is the total cost of the revoked receipt.

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Application of Acts and subordinate statutes to a written resolution on payment of insurance proceeds, insurance policies, claim for insurance proceeds, card sales slips, and each card use statement;

1. Relevant legal provisions concerning facts constituting an offense, and Article 8 of the Special Act on the Prevention of Insurance Fraud in Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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