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(영문) 대전지방법원 서산지원 2021.01.11 2020고정274
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant subscribed to the Victim B Co., Ltd. (hereinafter “victim B”)’s insurance, and subscribed to the “Special Agreement on the Number of Older Persons” to compensate for the actual amount of money used, such as the cost of purchasing souvenirs in the golf game, when he/she was living alone during the golf game, he/she had a man during the golf game in Jincheon-gun, Jincheon-gun around November 19, 2018, he/she got the victim company by deceiving the victim company by deceiving the insurance money by pretending that he/she was paid for the purchase of souvenirs in the number of older persons.

On November 26, 2018, the Defendant filed a credit card receipt with the effect that, at around November 26, 2018, the Defendant paid KRW 5,895,000 to a staff member of the victim company’s name infinite, the Defendant spent KRW 5,82,00 for his/her congratulatory expenses from G agricultural partnership located in J on November 19, 2018, and (2) on November 24, 2018, the Defendant spent KRW 3,895,000 for his/her purchase price for commemorative goods at the I SP located in Seosan-si H around 201.

However, in fact, the defendant did not actually paid the money by paying the above congratulatory expenses and the purchase expenses of souvenirs with a credit card, after the approval was revoked.

Nevertheless, the Defendant, as seen above, had submitted a false credit card receipt to the victim company to commemorate the number of persons who completed the contract and had actually used the money in accordance with the expenditure item under the insurance contract, deceiving the victim company, which was so transferred KRW 5,000,000 from the victim company to the agricultural bank account under the name of the Defendant on the 30th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. The application of three copies of the report on the receipt of an accident, the statement of contract, the inquiry into an integrated industry contract, the claim for insurance proceeds, the claim for insurance proceeds, the certificate of neglected number of persons, the K literature and answers, the damage assessment report, the receipt (L card), and the detailed statement of card approval under statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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