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(영문) 서울동부지방법원 2019.01.23 2018고단2895
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Attached Form 1A of the judgment of the defendant B.

Reasons

Punishment of the crime

Defendant B, on August 28, 2014, sentenced 10 months to imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court on September 5, 2014, which became final and conclusive on September 5, 2014.

Defendant

D The representative director of a corporation who registered the rent-a-car business from October 8, 2010 to the trade name of “F” in Gangnam-gu Seoul, and Defendant B, from October 8, 2010 to August 2017, a person in charge of overall management affairs, such as the management of sirens and employees, consultation with insurance companies, etc., and Defendant C, a person in charge of insurance company claims insurance proceeds from around 2014 to around 2015 as the head of the management department.

1. The Defendants’ co-principal

A. In the event of an accident borrowing and lending business that leases sirens during the repair period due to a traffic accident, the Defendants were able to obtain insurance money equivalent to the vehicle rent by using only the car lease contract from the rental car company and not any additional confirmation.

In light of the fact that the short-term rental vehicle is not an accident borrowing and lending under the terms and conditions of insurance and is paid only the repair cost and the rest fee, the Defendants are aware that the actual accident vehicle is a short-term rental vehicle even though it is a short-term rental vehicle, and that there was no actual borrowing and lending of the vehicle, ② as if the actual vehicle was leased at a higher level than the actual borrowing and lending vehicle, ③ as the rental of the rental vehicle can be paid from the insurance company for the rental of the rental vehicle in the same company during the repair period due to the accident, the rental fee and operating loss amounting to 50 to 60% of the rental fee for the vehicle can be paid from the insurance company. On the other hand, if the vehicle owned by another rental car company is leased with the vehicle owned by the insurance company in spite of the fact that the actual rental vehicle was owned by the F in charge of the payment of the rental fee for the vehicle.

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