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(영문) 인천지방법원 2019.02.14 2018고단8524

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant had tried to acquire money from an insurance company under the name of agreement, such as agreement money by using the so-called "mangion" method, in which the Defendant faces arms intentionally with a vehicle string.

1. On July 5, 2018, around 22:30 on July 5, 2018, the Defendant: (a) taken off the Defendant’s hand from the Michuhol-gu, Incheon, Michuhol-gu, Incheon, the 177lley-ro, 177lley-ro; (b) took off the Defendant’s hand on the B low-speed car with the Defendant’s hand; and (c) took place as if the driver’s care of the said vehicle was involved in the occurrence of an accident due to the care of the driver of the said vehicle; (d) deceiving the said driver of the said vehicle to receive insurance insurance from the victim C on the same day; and (e) deceiving the victim by having the said driver receive insurance from the victim C

9.8.Miscation by remitting KRW 1,255,280 to a DNA account under the name of the accused under the pretext of agreement, etc., and the same year;

7.28.Landscaping; and

8.23.In the name of medical expenses, 416,430 won was paid to hospitals, such as F, thereby obtaining pecuniary benefits equivalent to that amount.

2. On July 19, 2018, the Defendant, around 19:00 on July 19, 2018, received 80,000,000 won from the victim to the D account in the name of the Defendant on July 25, 2018, by deceiving the said driver on the same day as the accident occurred due to the care of the driver of the said vehicle, and by inducing the said driver to receive insurance from the victim H on the same day, on the same day, he/she received 80,000,000 won from the victim under the pretext of agreement around July 25, 2018, from the victim to the D account in the name of the Defendant (E).

8.7.As a result of the ordinary treatment costs, 45,990 won was paid to the I Council and acquired financial benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute of police statement to J and K

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on the Prevention of Insurance Fraud, and the Selection of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;