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(영문) 대구지방법원 경주지원 2021.02.16 2020고단803
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The Defendant, as the representative director of the C Co., Ltd., the head of which mainly focuses on the business of manufacturing and selling food, the Defendant concluded the comprehensive property insurance contract with the victim D, the total amount of KRW 20 billion in total, including the amount of KRW 4.4 billion in the building, KRW 8.1 billion in the machinery, KRW 7.5 billion in the inventory assets, etc., from July 22, 2018 to July 22, 2019.

On December 15, 2018, the Defendant: (a) around 01:41 on December 15, 2018, around 01: (b) in the 2 plant screening room, there were a fire that moved from machinery, such as by-products boarding machine, and various kinds of grain, etc. stored in the factory, which is larger than the amount of grain stored in the factory; (c) the Defendant claimed the amount of inventory insurance money in excess of the amount of false grain stored in the storage at the time, and was able to receive more insurance money from the victim company.

The Defendant, around December 15, 2018, put 20 tons of 10 tons of mama 100 tons at a factory in the same company and 300 tons of Mama 100 at the factory in the same company, and put the above goods into the company of 2 factory in the fire site, around the 17th of the same month, stating that the above goods are the grain damaged due to fire. On January 14, 2019, the Defendant: (a) caused a certified damage adjuster to claim insurance money to the victim company; (b) caused the victim to pay damages to the victim amounting to 931,081,090 won as above; and (c) caused the damage to the actual inventory asset amounting to KRW 477,492,640 to the damages amount of KRW 1,408,573,730 added to the damages amount of KRW 1,640,000 from the victim company’s account in the name of 17th of the same month.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant with regard to his/her legal statement H;

1. against I, J, K, and L.

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