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(영문) 부산지방법원 2015.09.10 2015고단2228
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From October 31, 2006, at the "F" Busan Service Center, which is directly operated by the Business Co., Ltd. in the Dispute Settlement Center (D's operating company together with sale and repair). Defendant B, from October 2008 to the "G," which is directly operated by the Business Co., Ltd. in the "Business Co., Ltd.", is a person in charge of insurance affairs, who first confirms the damage level of the vehicle involved in the accident and calculates the approximate repair details and costs (the "onboard") by entering the damaged part of the vehicle into the Service Center's front network (DS, Dealer Management), requests payment guarantee to the person in charge of the insurance company, and if the payment guarantee is obtained from the insurance company, orders the repair company to perform the repair work for the vehicle, and requests the repair company to verify the repair cost, such as replacement of parts, if the vehicle involved in the accident is completed.

1. Defendant A

A. Although the Defendant confirmed the details of the actual vehicle repair when claiming the repair cost to the insurance company, he had already received payment guarantee from the insurance company for the “selective”, the Defendant, despite having been aware of the fact that part of the parts indicated in the “selective” had not been exchanged during the repair process, intended to make a false claim for the insurance money including parts not exchanged due to increase in sales, etc.

On October 26, 2010, the Defendant accepted the JA car from the Busan Service Center located in Suwon-gu, Busan, and then claimed insurance money for the repair of the car from the victim (State), LIG non-life insurers, and submitted to the Defendant the insurance company a claim for insurance money with the amount of KRW 428,967, which included the above mother's expenses up to KRW 428,967, to the effect that "the payment of insurance money including the above mother's expenses up to KRW 428,967 is changed."

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