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(영문) 부산지방법원 2020.10.08 2020고단2539

보험사기방지특별법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant conspiredd with B, C, D, E, etc. to cause a traffic accident, and conspired to receive an insurance company's accident and receive insurance money by pretending to cause a traffic accident due to negligence.

On March 14, 2017, at around 01:14, the Defendant driven HK-5 cars on the G cafeteria located in the Busan Metropolitan City Transportation Daegu, while driving the said car, B, C, D, and E with the said car, the Defendant: (a) discovered and intentionally received the vehicle from the I driver that was changing the vehicle line; (b) requested the victim K Co., Ltd. to report the accident to the effect that the accident occurred due to negligence; (c) by deceiving the victim to cause damage due to the traffic accident; and (d) by deceiving the victim to change the agreement amount and medical expenses from March 17, 2017 to June 28, 2017, the Defendant acquired a total of KRW 10,851,090 from the victim, and acquired KRW 286,000 from the 286,00.

In addition, the Defendant conspired with B, C, D, E, etc. from around that time to February 23, 2018, the agreement amount of S, T, and U is KRW 1,090,00, respectively, and U’s U’s medical expenses are KRW 325,940, respectively. However, according to the records in A’s accident-related records 2, the agreement amount of S, T, and U is KRW 950,00,000, respectively, and U’s medical expenses are KRW 31,490,00.

In addition, the list of crimes attached to the indictment is "6,125,400 won" in which the sum of the insurance proceeds excluded from the repair costs of 7 times per year is "6,125,400 won" and the sum of the repair costs of 9 times per year is "5,25,400 won" respectively, but it is obvious that it is a clerical error in the calculation of "5,589,90 won" and "525,430 won."

The list of crimes attached to the indictment is indicated as “480,780 won” during the 10th of each year, but according to the records of A Accident-Related Records 2, V’s treatment costs are “380,780 won.”

The indictment shall be amended without modification.