摘要
对内外勾结骗取保险金行为的定性 ,关键在于区分保险公司是否确被诈骗。保险公司作为抽象整体 ,其一切意思表示和行为都是由其代理人作出的 ,如果保险公司工作人员没有被诈骗 ,就不能认定保险公司被诈骗。至于保险公司工作人员利用职务上的便利 ,骗取保险公司的财产 ,是贪污或职务侵占 ,而非诈骗。内外勾结骗取保险金之各行为人先实施的保险诈骗行为已被后实施的贪污或职务侵占行为所吸收 ,故对其应定贪污或职务侵占共犯 ,而非保险诈骗共犯。
The crucial point to analyze the nature of deception of insurance premium by internal and outer persons is to identify whether the insurer is really deceived. As an abstract whole, all of the insurer's opinions and acts are represented by its deputies. If the deputies are not deceived, the insurer can not be viewed as being deceived. As for some deputies cheat money from the company by utilizing their professional convenience, that is considered as embezzlement or professional occupation but not deception. Acts of deception of insurance premium by internal and outer persons have been absorbed into the later-implemented embezzlement or professional occupation, so those participants should be convicted of joint offenders in embezzlement or professional occupation instead of joint offenders in deception of insurance premium.
