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(영문) 광주지방법원 2018.02.22 2017고단3334
사기
Text

Defendant

A Imprisonment with prison labor for one year, for each of four months, for each of four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of H (hereinafter referred to as “H”) of a limited company that is a taxi company located in Gwangju North-gu, Gwangju, and Defendant B served as the head of H’s business from July 10, 2012 to March 2013, and Defendant C as the head of H from March 27, 2013 to March 1, 2016.

Defendant

A around September 7, 2011, through the insurance designer I of the victim Samsung T&T Insurance Co., Ltd. (hereinafter “victim Samsung T&T insurance”), the taxi driver belonging to H as the insured through the insurance designer I, and H as the beneficiary of the insurance money. According to the terms and conditions of the victim Samsung T&T insurance contract, the owner of the victim Samsung T&T insurance product, “undividend Samsung&T 20,000 partnership,” which is the driver of the victim Samsung&T insurance product. According to the terms and conditions of the above driver insurance contract, if the taxi driver of the insured was injured by the victim due to the traffic accident and the victim was under the criminal agreement with the victim, the owner of the taxi in question paid the amount actually paid as the amount of the insurance contract within the limit set forth in the terms and conditions

1. Around 00:30 on May 28, 2012, J, Defendant AH’s taxi driver, was making a left-hand turn while driving a K taxi owned by the said company, disregarding red signal and making a left-hand turn to the left-hand turn, and suffered injury for which a traffic accident occurred for about eight weeks to L.

In relation to the foregoing traffic accident, the Defendant: (a) had a criminal agreement with L on behalf of J in mind that the amount higher than the criminal agreement actually paid to L was claimed for the victim Samsung T&T insurance with the above driver’s insurance; (b) had been actually agreed to pay L in the amount of KRW 5 million with the criminal agreement amount on June 29, 2012; (c) had concluded a written agreement stating that L was paid in the amount of KRW 11 million with the criminal agreement amount; and (d) had transferred KRW 11 million to L bank account in the name of L bank (M) around 12:42 on the same day, and received a refund of KRW 6 million in cash from L on the same day.

In addition, the Defendant on July 4, 2012.

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