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(영문) 광주지방법원목포지원 2020.10.22 2020고단421
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant intentionally paid an accident to the air pest controller who subscribed to C insurance (securities number: D and the insured) of the victim B corporation, and had the victim receive insurance money from the victim.

Around 11:00 on December 15, 2017, the Defendant filed an insurance claim against the victim company with a false statement stating that “an accident that fell into a reservoir after a collision occurs due to a sudden sudden control during the pest control period,” which caused the collision of air pest control devices to be taken off, and was installed in the vicinity of the argument.” On the same day, the Defendant filed a claim against the victim company for insurance proceeds by stating that “an accident that fell into a reservoir after a collision with a building, with a sudden sudden control during pest control period.”

As such, the Defendant, by deceiving the victim, received KRW 29,775,00 from the victim on December 21, 2017, in the F Bank account (Account Number: G) under the name of the Defendant.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A petition of the corporation B, a certificate of H, a written statement of each police officer's interrogation of I and H, and a police suspect interrogation protocol of J against each police officer;

1. The application of Acts and subordinate statutes to the current status of the payment of insurance proceeds, C insurance policy (A), insurance proceeds payment resolution, damage evaluation report, door answer, ultra light flying equipment report, receipt of insurance accidents, notice on the handling of insurance proceeds, insurance claim, business registration certificate, estimates, insurance compensation, disposal of insurance proceeds, contract for sales of unmanned aerial vehicles for agricultural use, guidance on the payment of insurance proceeds, details of transactions in the accounts of the F Bank (Submission of Materials on Details of Payment A), one copy of transfer certificate, one certificate of payment of insurance proceeds, confirmation of payment of insurance proceeds, investigation report ( listening to the statement by K

1. Relevant Article of facts constituting an offense and Article 8 of the Special Act on the Prevention of Insurance Frauds through the Selection of Penalties;

1. Although the nature of the crime is not somewhat weak in light of the method of sentencing Article 62(1) of the Criminal Act and the amount of fraud, the crime is committed from the initial stage of the investigation.

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