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(영문) 의정부지방법원 2018.09.13 2018고정987
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

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 incurred in connection with the insurance (for items of expenditure: ① expenses incurred in a stable, ② expenses incurred in a stable, ③ expenses incurred in a congratulatory festival, ③ expenses incurred in a congratulatory festival), and the insurance contractor had neglected number of persons.

Even if the terms and conditions limit the expenses to the item for expenditure, the expenses should be disbursed, and the insurance money shall be claimed and paid by submitting true data, such as card receipt for the expenses paid as such.

1. On July 29, 2012, the Defendant: (a) filed a claim against KB non-life insurance with the insurer on August 8, 2012; (b) revoked the approval immediately after the settlement on August 4, 2012; and (c) submitted a receipt for a card with the approval of an amount equivalent to KRW 4,979,000, totaling of KRW 1,450,000, which was not actually consumed money, to the effect that he/she consumed money in accordance with the prescribed expenditure items, including the card receipt, which was issued after the settlement on August 4, 2012.

As such, the Defendant, by deceiving the insurer on August 10, 2012, received insurance money of KRW 5,000,000 from KB non-life insurance and acquired it by deceit.

2. On March 25, 2016, the Defendant filed a claim against KB non-life insurance on March 29, 2016, and filed a claim for insurance money against KB on March 25, 2016, the Defendant immediately cancelled the approval from the “(State) Investment Development” on March 25, 2016, and then submitted a card receipt with the approval of an amount equivalent to KRW 5,250,000, which was the total amount of KRW 5,250,000, which was not actually consumed of money, including the card receipt, which was the card receipt, which was the amount equivalent to KRW 2,800,000, which was not actually consumed of money.

As such, the Defendant, by deceiving the insurer on March 31, 2016, received insurance money of KRW 5,000,000 from KB non-life insurance and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. List of the particulars of revocation of approval for a card;

1. Each insurance claim, each certificate of number of persons neglected, each sales slip, and insurance proceeds;

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