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(영문) 부산지방법원 2018.11.14 2018고정1485

보험사기방지특별법위반

Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In the event of a collision or minor traffic accident with a vehicle violating traffic laws and regulations between B, C, D, and E, the Defendant conspiredd to receive insurance money from the insurance company of the other party as compensation for the damage of the other party vehicle, by pretending that there was an injury to the degree of receiving hospitalized treatment even if the other party did not have any particular injury.

Accordingly, at around 23:45 on September 28, 2017, C was driving a FG TG car and driving the road near the Ha's "H" located in Busan-gu G with the Defendant, D, and E, while I was driving a vehicle at the same lane from the first lane to the second lane, and caused a collision with the above vehicle, I had I deal with the insurance to the victim Samsung F&S Insurance Co., Ltd., Ltd., which is the insurer of the said vehicle (hereinafter referred to as the "TG insurance"), for the purpose of compensation for medical expenses, etc., the Defendant, A, D, 1,690 won, C, 1,147,690 won, 1,690 won, 1,690 won, 1,301, 371, 305 won, 37, 305 won, 37, 305 won, 37, 305 won, and 37.

Summary of Evidence

1. Statement by the defendant in court;

2. Each protocol of suspect examination of the police in relation to D, C, or B (including copies thereof);

3. Application of statutes on payment details of each insurance money;

1. Relevant legal provisions concerning criminal facts, Article 8 of the Special Act on the Prevention of Fraud of Insurance Contracts, and Article 30 of the Criminal Act (generally, selection of fines);

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. Scope of applicable sentences under law: Fines of 50,000 to 50 million won; and

2. This case is the other party’s vehicle under the presumption that the defendant conspireds with C, B, D, and E to cause a collision of motor vehicle and resulting in injury to the extent of being hospitalized.