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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
1. No person who attempts to commit fraud shall acquire insurance proceeds or have a third party acquire insurance proceeds by deceiving the insurer with respect to the occurrence, cause or content of the insurance accidents;
Nevertheless, on October 13, 2018, the Defendant, as the operator of the cafeteria B’s “C cafeteria” located in Made-si, was destroyed by a fire that could cause the cause of the said cafeteria building, such as a building, and the inventory assets, house fixtures, fixtures, facilities, appurtenant facilities, etc., the Defendant was willing to prepare false evidentiary data on the amount of damages in order to receive insurance money from the victim D Co., Ltd. (hereinafter “victim D”), and to claim insurance money along with such documents.
At around December 27, 2018, the Defendant submitted a claim to the employee in charge of the victim to the effect that “A restaurant building was 450 million won to KRW 450 million to KRW 480 million to KRW 480 million to KRW 450 million to KRW 450 million to KRW 480 million to KRW 250 million to KRW 200 million to inflict movable property damage, KRW 200 million to KRW 20 million to KRW 200 million to compensate for insurance proceeds under an insurance contract,” and around January 2019, the Defendant submitted a claim to the employee in charge of the victim to the effect that “F Co., Ltd. (hereinafter referred to as “F”) who carried out damage adjustment business with the delegation from the victim through the E company.”
The employee in charge submitted evidentiary documents to the effect that the total amount of damages to the facilities and appurtenant facilities, total amount of KRW 1,115,977,132, total amount of KRW 324,737,00,000, total amount of damages to the equipment, and total amount of KRW 193,00,000,000, etc. was incurred.
However, regardless of the above restaurant, the evidentiary documents submitted by the defendant were documents related to the payment of commercial prices paid by the defendant to purchase commercial buildings located in Yongsan-gu Seoul Metropolitan Government or false statement of transactions or receipts prepared by the defendant voluntarily.
Nevertheless, the defendant is the victim regarding the occurrence, cause, or content of the above insurance accident.