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(영문) 서울북부지방법원 2018.04.26 2018고정132

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is between C and the elementary school.

On May 13, 2017, at around 05:14, the Defendant, at around 13, 2017, suffered injury, such as where three departments are located in the sidewalk-gu, Seoul, where the Defendant tried to prevent DNA oba, which C drive in the vicinity of 13-lane 2,00, in his/her hand, from taking on his/her own.

Nevertheless, on the same day, the Defendant made 21:13C of the Victim KB Non-Life Insurance Co., Ltd. to receive an accident and stated to the effect that “A was injured while leaving the back of the Datoba Do to be driven by C, A was coming to know of his clothes, and incurred injury.” On May 18, 2017, the Defendant made a “accident confirmation” at the victim’s request, and written “A” on May 18, 2017, the Defendant stated to the effect that “A was on board the part of C driving, because C was on the right side of the C driving, it was beyond the left side of the C driving.”

Ultimately, the Defendant, as seen above, by deceiving the victim, obtained 1.5 million won from the damaged person as the agreed gold on June 9, 2017 and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Requests for cooperation in investigation into insurance, and details of compensation A;

1. A certificate of accident, a copy of medical record, a statement of opinion, and a medical certificate;

1. Application of Acts and subordinate statutes to CCTV afforestation data, photographs and investigation reports (matters to verify additional data on CCTV recording);

1. Article 8 of the Act applicable to facts constituting a crime, Article 8 of the Special Act on the Prevention of Fraud of Insurance, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined as the same in light of the following: (a) the Defendant recognized and against whom the Defendant committed a crime; and (b) the damage appears to have been fully recovered; and