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(영문) 부산지방법원 2017.01.25 2016고단6245
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On May 21, 2012, the Defendant subscribed to a fire insurance company, which is a fire insurance company, under the condition that the Defendant paid KRW 200,000 monthly insurance premium of KRW 200,000,000 and KRW 200,000,000,000,000,000.

On August 1, 2012, the Defendant: (a) committed a fire in the building owned by the said (State) D office; (b) did not have any equipment, subsidiary material, or finished product located in D; (c) provided documents as if the equipment, subsidiary material, or finished product was loaded; and (d) provided that the Defendant had no record of the loss of the equipment, subsidiary material, or finished product.

On July 1, 2013, the Defendant filed a claim for insurance money with Red State Fire Marine Insurance Co., Ltd. for the payment of insurance money on the following grounds: “On August 1, 2012, the second floor of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Republic of Korea: (a) the Defendant filed a false statement of transaction with the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A written petition;

1. A reply to a case of making inquiries about the fact that the insurance proceeds are paid, insurance policies (insurance purchased by the person under consideration), copies of each transaction statement, copies of notification of termination of the insurance contract related to false claims, copies of the application for fact inquiry, and H’s fact-finding statement stating that there is no fact of transaction;

1. Investigation report (investigation into a detailed statement of transaction);

1. Application of Acts and subordinate statutes on transactions in each account;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant claims the payment of false insurance money as above and acquired 200 million won from the damaged company.

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