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(영문) 전주지방법원 2019.09.19 2018고정446
사기
Text

Defendant

A shall be punished by a fine for negligence of 5,000,000 won, and Defendant B shall be punished by a fine of 50,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The golf insurance (life insurance for the elderly) is a hand-type insurance contract that compensates for the expenses actually paid for the accompanying person (for items of expenditure: ① expenses for a stable, ② expenses for a stable, ③ expenses for a commemorative for a stable, ③ expenses for a stable) and the insurance contractor has neglected the number of persons.

Even if the terms and conditions, the expenses should be disbursed for the purpose limited to the items to be disbursed, and the insurance proceeds shall be paid by submitting true data, such as card receipts for the expenses incurred in such expenses.

1. On October 4, 2013, Defendant A submitted KRW 4,600,000, including the cancellation receipt, etc. equivalent to KRW 2,740,000, which actually did not consume the money, and submitted KRW 4,600,00,000, which was an amount equivalent to KRW 2,740,000, which actually did not consume the money, to the insurer, and filed a claim for insurance proceeds against E (E), F (hereinafter referred to as “F), and C (hereinafter referred to as “C”), the insurer, on October 16, 2013.

As such, the Defendant, by deceiving the insurer on October 23, 2013, received insurance money of KRW 1,000,000 from E, and KRW 5,00,000 from F on October 22, 2013, and KRW 9,00,000 from C on October 22, 2013, and acquired KRW 4,60,000, which is the above cancelled amount.

2. On March 4, 2015, Defendant B filed a claim for insurance proceeds with F who is an insurer on March 16, 2015, and filed a cancellation receipt equivalent to KRW 4,050,000, which was the total amount of KRW 2,000,000,000, which was the cancellation receipt immediately cancelled after settlement with “I” on March 4, 2015, and did not actually consume the money. Defendant B submitted a cancellation receipt equivalent to KRW 2,00,050,000, which was not actually consumed for the money as stipulated in the expenditure item, to have the number of neglected persons consumed the money.

As such, the Defendant, by deceiving the insurer, received insurance proceeds of KRW 5,00,000 from F on March 17, 2015.

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