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(영문) 창원지방법원 2018.02.14 2017노3290
사기교사
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) revealed that the Defendant, as a damage adjuster, was guaranteed the amount agreed upon in the driver insurance policy amounting to KRW 20 million. Accordingly, the Defendant agreed to change the final amount of KRW 20 million, which the parties agreed upon at KRW 7 million.

There is no record that the defendant has instigated a false claim for insurance money.

2. The lower court determined as follows: (a) the instant insurance contract is based on each of the following facts and circumstances acknowledged by the evidence in its holding, namely, the so-called “actual damage compensation method”; (b) the insurance contract is an insurance contract that compensates the victim of a traffic accident in the event the perpetrator, who purchased the insurance, actually paid compensation; and (c) even if the Defendant first paid the agreed amount to E and F, even if the Defendant did not actually pay the agreed amount to E and F, it may receive KRW

The defendant's attempted crime of fraud is recognized on the ground that E and F requested the payment of KRW 20 million, not the actual KRW 7 million paid by E and F, as insurance money.

The following facts and circumstances acknowledged by the same evidence, i.e., (i) the Defendant was only made to prepare a written agreement in order to pay 7 million won as the amount of traffic accident agreement between the parties; (ii) the perpetrator was preparing 7 million won as the amount of agreement; and (iii) the Defendant was aware of the fact that the perpetrator’s driver insurance was late at the same time and was able to receive 20 million won as the amount of agreement from the insurance company in accordance with the terms and conditions; and (iv) the Defendant was able to receive 20 million won as the amount of agreement from the insurance company in cash in addition to the amount of 7 million won as the amount of traffic accident agreement prepared:

In line with the end, the insurance company claims KRW 20 million to the insurance company, and if the insurance company receives KRW 20 million from the insurance company, it actively solicits a false claim for insurance proceeds by allocating the difference to the parties and advising to each other. ③ The parties to the agreement are the defendant who is the expert.

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