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(영문) 서울중앙지방법원 2019.06.05 2019고정809
사기미수
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A victim B is a corporation that runs insurance business (hereinafter referred to as "victim B corporation"), and the defendant is a policyholder and the insured who entered into a contract for "C insurance" with the content of guaranteeing liability for damages, etc. among family life sold by the victimized company around August 21, 2008.

At around 11:00 on June 11, 2018, the defendant's male-friendly job offer D, which was parked in Gangnam-gu Seoul, Gangnam-gu, and parking lot, destroyed the F-owned G vehicle to have the repair cost equivalent to KRW 3,576,027 at the market price, and thereafter, it was refused to pay insurance money on the ground that D claimed insurance money to H, which was a comprehensive vehicle insurance company to which D himself/herself joined, but was not an accident that occurred during the operation of the vehicle.

At around 15:21 on July 11, 2018, the Defendant attempted to receive insurance proceeds from the victimized Company by receiving the accident that the Defendant was unable to pay the insurance proceeds by having damaged the said G vehicle and having no liability for compensation to the Defendant. However, even though the Defendant did not have any obligation to pay the insurance proceeds due to the lack of liability, the Defendant attempted to receive the insurance proceeds from the victimized Company by receiving the accident that “the staff of the call center on name in the call center (I) called the call center (I) around 11:00 on June 11, 2018, the Defendant was faced with the key outside of the window from the Seocho-gu Seoul High Court.” However, the victimized Company refused to pay the insurance proceeds with the knowledge of the aforementioned circumstances.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of K;

1. On the 1st day of receipt of the insurance policy, the Defendant did not claim insurance money regularly, and the Defendant did not intend to obtain insurance money by fraud due to disputes between D and D. However, according to the aforementioned evidence, the Defendant received specific accidents, such as the place of the accident on an excursion ship, the date and time of the accident, the details of the accident, etc., and the victim company’s compensation team.

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