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(영문) 광주지방법원 2019.05.09 2019고단204

보험사기방지특별법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On May 13, 2018, Defendants A, a co-principal of the Defendants, driving a car with a width of halogb, accompanied by Defendant B on May 13, 2018, and driving a two-lane road in front of the “E” restaurant in Seo-gu, Gwangju, Seo-gu, with a G apartment room from the F apartment room.

Hado has stopped in front of the H's I Lasta car parked in two lanes.

While the Defendants discovered that H, who is suspected of being drunk in a road in the course of waiting for a daily driving in the vehicle, was on the flag and a driver’s seat on the road, and intentionally talked about the intent of traffic accident, the Defendants shocked the H’s rocketing car due to Defendant A’s late-time driving.

Defendants were aware that Defendant A intentionally caused a traffic accident, and even if he was negligent in driving under the influence of alcohol, the Defendants received the occurrence of a traffic accident with false content from the victim KK corporation affiliated with Defendant A, and received 845,480 won from the victim on June 12, 2018, under the name of Defendant B, for an agreement, with respect to Defendant B.

Accordingly, the Defendants conspired to acquire insurance money by insurance fraud.

2. Defendant A

A. Violation 1 of the Special Act on Insurance Fraud Prevention) The Defendant intentionally caused a traffic accident at the time and place described in paragraph (1), as described in paragraph (1), and then received the occurrence of a traffic accident with false content to the victim KK stock company, and obtained insurance proceeds from the victim on May 13, 2018. However, the Defendant did not include a special agreement for automobile injury compensation in an insurance contract concluded with the victim, and thus did not perform such intent. (2) The Defendant intentionally caused a traffic accident as described in paragraph (1) at the time and place specified in paragraph (1), and received the occurrence of a traffic accident with the victim KK stock company, and the victim thereafter around June 12, 2018.