beta
(영문) 부산지방법원 서부지원 2019.07.25 2019고단1244

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 2018, the Defendant recruited the persons involved in insurance fraud by using H, along with D, E, F, G, etc., who worked as his/her own, at the delivery agency called “C,” located in Busan Sho-gu B, and conspired to divide the amount of insurance proceeds by intentionally reporting to the insurance company as if the accident occurred, even though the Defendant intentionally did not cause a traffic accident or cause a traffic accident.

The defendant, using H, was in charge of the role of soliciting participants to commit insurance fraud, D, E, F, and G, and the role of training insurance participants or driving a counter vehicle.

On August 23:42, 2018, the Defendant planned to engage in K and insurance fraud in front of the J Hospital located in J Hospital located in the Busan Sindong-gu I. On August 11, 2018, K intentionally received the MM7 car driven by the Defendant, and the Defendant was involved in the accident to N Co., Ltd., the victim, and filed a false accident report and claimed insurance proceeds.

As above, the Defendant, by deceiving the victim as above, received KRW 50,00,00 in total, and KRW 1,00,000 on August 13, 2018 and August 14, 2018, under the pretext of agreement, repair expenses, etc., from the victim, and received KRW 16,79,860 in total on 12 occasions in collusion with O, P, K, Q, R, S, T, U, etc., as shown in the separate crime list from around that time to January 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning V;

1. A V statement;

1. Recording notes;

1. Forwarding results of analysis of information suspected of insurance fraud;

1. Application of Acts and subordinate statutes to one investigation report (the open recruitment, the confirmation of the fact of false accident report, the analysis of suspect A currency details), one investigation report (the open recruitment, the confirmation of false accident report, and the analysis of suspect A currency details);

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on the Prevention of Insurance Fraud, and Article 30 of the Criminal Act.