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(영문) 울산지방법원 2019.03.28 2018고단3747
무고등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 16, 2018, at around 02:25, the Defendant: (a) reported that the instant E was involved in an online civil petition box managed by the Anti-Corruption and Civil Rights Commission at around 17:35 on the same day; (b) reported that the Defendant was aware of the traffic accident by intentionally putting the Defendant’s right to the right under the backline of the police patrol police patrol police patrol of the E Operation, and intentionally placing the Defendant into the scene; and (c) reported that the Defendant was involved in an online civil petition box managed by the Anti-Corruption and Civil Rights Commission at around 17:35 on the same day; and (d) published a false fact as the Defendant was the victim of the traffic accident in a national newspaper, which is an online civil petition counter managed by the Anti-Corruption and Civil Rights Commission.

Accordingly, the defendant was dismissed for the purpose of having the above E take disciplinary action.

2. On May 16, 2018, the Defendant violated the Special Act on Insurance Fraud Prevention: (a) made a false statement to the insurance officer of the victim G Co., Ltd. as if he/she had suffered an injury due to a traffic accident.

However, as stated in Paragraph 1, the defendant intentionally collected a fire in the process of resisting the police officer, so it was not a traffic accident.

Nevertheless, on May 21, 2018, the Defendant deceptioned the above H, and had the victim company pay 163,540 won to the I Hospital under the name of medical treatment expenses, and exempted the payment equivalent to the above hospital expenses, thereby acquiring property benefits. On May 21, 2018, the Defendant received property by transferring the amount equivalent to KRW 980,000 under the name of agreement, etc. to the account in the name of the Defendant.

Accordingly, the defendant had acquired insurance money by deceiving the victim company about the occurrence of insurance accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A H statement;

1. A report on investigation;

1. Data filed for a civil petition at a national newspaper, medical record, and a detailed statement of payment of insurance proceeds;

1. Ctv images and caps taken.

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