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(영문) 부산지방법원 2019.03.28 2019고단389
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 12, 2018, the Defendant was sentenced to a suspended sentence of two years on January 18, 2019 by the Busan District Court for violating the Special Act on Insurance Fraud Prevention.

Criminal facts

1. Crimes against the victim B;

A. On July 11, 2018, the defrauded stated, “If the insurance money with a ten-year maturity is deposited in the company virtual account, the return rate shall be high to the special account.”

However, there was no product as explained by the defendant, and there was no intention or ability to pay the victim's insurance premium only because the victim was planned to use the money as agreed money, living expenses, etc. for the previous crime with remittance.

Nevertheless, on July 11, 2018, the Defendant, by deceiving the victim, received KRW 35.2 million from the victim’s account in the name of the Defendant.

B. On September 10, 2018, the Defendant: (a) received the request from B to produce a certificate of confirmation deposited from B after receiving KRW 35,200,000,000 from B as described in the foregoing paragraph; (b) received a certificate of deposit without a deposit from the Internet to Nowon-gu in the company’s exclusive account; and (c) obtained the certificate of deposit without a deposit from the Internet in the name of the subscriber column, “B” in the name of the subscriber column, “A” in the name of the person in charge, “B” in the name column, and “A” in the name column, “B” and “B,200,000,” “28,000,000,” “35,200,000,” and “B,000,000,000,” and sent the certificate of deposit with a mobile phone copy of the document in the name of the LOF, a private document that proves that B’s insurance proceeds were deposited in the company’s exclusive account.

2. Crimes committed to obtain a medical certificate, etc. of G;

A. On July 27, 2018, the Defendant is the actual amamam in order to receive insurance money from the Busan Jin-gu Office of 12 Busan, Busan.

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