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(영문) 대구지방법원 2018.02.02 2017고정1798
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who has subscribed to the golf insurance of the victim Korean-style non-life insurance company.

On August 24, 2016, the Defendant filed a claim for insurance money of KRW 3 million,00,000,000,000, which was paid as a congratulatory money for the number of persons against the Korean-style non-life insurance company victims, who purchased insurance by the insurance company on October 18, 2016, around September 10, 2016, at around 02:46, the Defendant submitted a false card receipt in the amount of KRW 3 million settled from the F located in Nowon-gu, Seoul Special Metropolitan City and around 02:50 on the same day, and the false card receipt in the amount of KRW 2 million settled at the same place at around 02:50 on the same day, as he/she actually used it as a commemorative for the number of persons.

The Defendant, as such, by deceiving the damaged company, received KRW 3 million from the victimized company to the Daegu Bank Account in the name of the Defendant around October 18, 2016 as the insurance money.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement by the police concerning G (employee of the victimized Company);

1. Request for a case investigation of suspected insurance fraud (Korean non-life insurance company), internal investigation report (Attachment of data on the use of cards by subject), golf insurance leaflets and terms, list of subjects for the elderly golf insurance and the details of card request (individual - page 155 pages of evidence), internal investigation report (the result of execution of seizure warrants - card use records - xx file 373 pages of evidence), response to a request for investigation cooperation (related to insurance for older persons), one copy of payment of insurance proceeds for older persons - 386 pages of evidence records);

1. A detailed statement of claim for insurance coverage (A), claim for insurance proceeds on a good for payment of insurance proceeds, (A), certificate of number of persons held alone (A), card transfer table (A), and application of Acts and subordinate statutes of subparagraph (A);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (the Defendant is the instant case) of the suspended sentence.

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