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(영문) 의정부지방법원 고양지원 2018.02.23 2017고단3360

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year and four months.

Reasons

Punishment of the crime

1. Defendant A

A. A. Around May 7, 2014, the defrauded filed a claim for insurance proceeds with the purport that “Around May 7, 2014, the Defendant was injured by a traffic accident involving E on the roads adjacent to the south-dong public parking lot in Namdong-gu Incheon Metropolitan City, Incheon, and thus, paid the insurance proceeds.”

However, the defendant and D found that the accident occurred in the vehicle that passed through a narrow side road in advance to receive insurance money, and that the vehicle proceeds from the E driver's Ftech while in the above accident site, while the vehicle was in the above accident site, and D intentionally faced with the defendant and caused the traffic accident, and there was no injury.

Nevertheless, in collusion with D, the Defendant received KRW 80,00,00 from the victim by deceiving the victim, and received KRW 880,00,00 from the Agricultural Cooperative account under the name of D to the Agricultural Cooperative account under the name of the Defendant on May 8, 2014, and received KRW 336,860,00 in total, by inducing transfer of KRW 2,096,860 to the Agricultural Cooperative account under the name of KRW 336,860 in around June 30, 2014 under the name of medical treatment expenses, and received KRW 2,096,860 in total from around that time until September 20, 2016 by deceiving the victims by causing a false traffic accident, such as KRW 1,143,684 in the table of crimes (1) to 93,684 in total from the victims.

B. The Defendant in violation of the Special Act on the Prevention of Insurance Fraud concluded with D, B, H, and I on December 12, 2016, with the victim (state) KB non-life insurance, and (State) non-existence of the name of the non-life insurance for maliciouss (state) around December 12, 2016, the Defendant paid insurance money to the employees of the Defendant on the following grounds: “On December 22, 2016, the Defendant was injured by a traffic accident involving the K-learning vehicle driven by J on the roads near the Pungdong-gu Pungdong-gu Pungdong-gu, Busan Metropolitan City.”