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(영문) 대구지방법원 2020.08.12 2020고정527
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 25, 2011, the Defendant entered into an insurance policy that receives compensation of up to five million won for expenses (at least 5 million won, spawd, spawd, spawd and down) incurred in the course of golf games with B Co., Ltd. and golf games.

Around August 30, 2014, the Defendant was negligent in a D golf course located in Gandong-gun C, and in the event that the Defendant wishes to receive a congratulatory insurance proceeds, the Defendant should disburse expenses for the purposes limited to the items to be disbursed under the terms and conditions of insurance, and submit true data, such as a card receipt for the expenses incurred therein, to claim insurance proceeds and receive payment.

Nevertheless, around September 15, 2014, the Defendant submitted a claim for insurance money to an employee under his/her name at the Daegu Daegu Compensation Center located in Daegu-gu, Daegu-gu, and submitted a credit card settlement receipt equivalent to KRW 9,420,00. However, among those receipts, the receipt that settled KRW 2,900,000 from F on August 31, 2014 was immediately cancelled, and the receipt that settled KRW 5,130,000 from G department stores on September 12, 2014 was actually settled when purchasing clothes (minccot) by H, the Defendant’s wife, and thus, in fact, the amount equivalent to KRW 8,030,000 out of the above amount of KRW 9,420,000,000, which was not paid by the Defendant at the expense of a single person, was not attached to the above receipt.

Around September 15, 2014, the Defendant deceivings employees of the victim insurance company in the name of the above, and acquired insurance proceeds of KRW 5,000,000 from the victim insurance company to the company bank account in the name of the Defendant.

Summary of Evidence

1. Statement of the police statement of the defendant I in part of the court statement;

1. A written request to investigate an insurance crime, and documents related to A’s purchase of insurance and claim (credit card slip, etc.) (the defendant and his/her defense counsel, and the amount of KRW 5,130,000, which was settled at G department stores as of September 12, 2014 (hereinafter “the receipt of this case”).

The receipt for the defendant's wife's claim for insurance money is accompanied by mistake while the defendant's wife has a right to do so.

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