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(영문) 대구지방법원 2019.09.04 2019고정298
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The golf insurance (life insurance for a single person) is a hand-type insurance contract that compensates for the expenses paid when the number of persons has been neglected (at the time of a single person), the relevant policyholder shall have a man, and the expenses actually paid shall be claimed from the insurance company.

On July 12, 2017, the Defendant submitted a claim for insurance money to the effect that “the payment of insurance money equivalent to KRW 3,000,000 has been made to an employee of the victimized Company B in the French and does not exceed Daegu on July 5, 2017,” and that “the payment of insurance money equivalent to KRW 3,00,000 has been made to an employee of the victimized Company B,” and the same month has been settled from C on July 5, 2017,

6. A receipt from D to 235,000 won, a receipt from E to 94,000 won on the same day, a receipt from F to 100,000 won on the same day, and a receipt from G from G on the 12th day of the same month, and a receipt from G to 2,500,000 won was submitted as if they were actually disbursed at the expense of the number of persons having been actually neglected.

However, on the 12th day of the same month, the Defendant immediately revoked the approval after settling KRW 2,500,000 from G, and even if the Defendant did not actually disburse the expenses for the elderly, the Defendant attached the above-paid receipt to the victimized company.

As above, the Defendant deceivings employees of the victimized Company, and was transferred KRW 3,00,000,000 from the victimized Company as insurance proceeds on July 17, 2017 to the national bank account (H) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. All copies of documents related to the payment of the respondent A insurance proceeds;

1. A copy of the results of using the national card;

1. Application of Acts and subordinate statutes to report on investigation (referring to submission of a written agreement);

1. Relevant legal provisions concerning facts constituting an offense, and Article 8 of the Special Act on the Prevention of Insurance Fraud in Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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