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(영문) 광주지방법원 2019.11.27 2019고정604
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, the facts charged are partly supplemented according to evidence and recognized as criminal facts.

One person insurance is a hand-type insurance contract that compensates for the actual expenses incurred for the accompanying person (expenses for expenditure: expenses for congratulatory, crowdfunding, and expenses for congratulatory commemoratives) after having neglected the number of persons in golf, and the policyholder has neglected the number of persons.

Even if the terms and conditions include the card receipt for the expenses incurred for the purpose limited to the items of expenditure, the insurance money shall be claimed and paid by submitting the true data.

Nevertheless, the Defendant, around May 3, 2018, filed a claim for the insurance proceeds under two insurance contracts (2 million won for each subscription amount) included in a special agreement with the victim C&A bank, which is an insurer, around May 21, 2018, and, around May 5, 2018, knew the victim as if he/she, by submitting two copies of the G card receipt of KRW 3.5 million, which was the sum of KRW 1.5 million and the sum of KRW 1.5 million, which was not actually consumed, after immediately cancelling the settlement at the G-AF store, around May 5, 2018.

On June 4, 2018, the Defendant, by deceiving the victim, received 4 million won of insurance money (2 million won x 2) under two insurance contracts from the victim, and acquired 3.5 million won, which is the cancellation amount of the above card, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning claims for insurance proceeds of property insurance, contract contents inquiry, four copies of receipts, and G card transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Penalty)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order are as follows: ① The insurance solicitor in charge shall settle the insurance money with a card.

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