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(영문) 제주지방법원 2016.03.09 2014고단1371
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

The criminal history room (hereinafter “G”) knew the fact that the horse purchase price is calculated as an insurance price at the time of purchasing the livestock disaster insurance for horses, the Defendant had been aware of the fact that the horse purchase price is calculated at the time of purchasing the livestock disaster insurance for the horses, and sentenced the Defendant to claim excessive payment for the livestock disaster insurance by preparing and submitting a false sales contract with respect to “G (frane: Sheet, gender: cancer, date of birth: March 18, 2008)” registered in the name of Dong H of the Defendant.

Although the Defendant did not have any actual transaction of the said horses, the Defendant: (a) signed an insurance contract stating that “I purchased the said horses from J Co., Ltd. on September 16, 2010 in KRW 15 million and sold them in KRW 38 million to H on October 16, 2010; (b) filed for registration of changes in ownership with the Korean Marina Society; and (c) purchased the said horses with the Victim K Co., Ltd on October 25, 2010 in the purchase of the disaster insurance for the said horses, and entered into an insurance contract with the victim and the said horses as the subject-matter of the insurance amount of KRW 38 million (the insurance contractor and the insured: H; and the insurance period from October 25, 2010 to October 25, 201).

After January 3, 2011, the Defendant: (a) discarded the said horses from M farm in Jeju L to a showr by means of spaculic acid and spaculic heat; and (b) on January 11, 2011, the Defendant filed a claim with the victim for payment of insurance proceeds of KRW 38 million, which is the value of the agreed insurance.

However, in fact, the defendant did not know that the above words were transacted at all, and determined the value of the agreed insurance, and the defendant claimed the value of the agreed insurance to the victim and deceiving the victim.

On February 8, 2011, the Defendant, by deceiving the victim, received 2,6530,000 won, excluding its own charges, from the insurance price of KRW 38 million from the victim’s N account under H’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each of the witnessO and I in the second trial records;

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