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(영문) 대구지방법원 2020.05.07 2019고단4907

보험사기방지특별법위반

Text

Defendant

A Imprisonment with prison labor for eight months, defendant B, C, and E shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendants A, B, C, and D shared criminal conduct committed an intentional traffic accident and conspired to receive insurance proceeds from the insurance company after having intentionally paid the accident.

According to the above public offering, at around 04:45 on November 14, 2018, the Defendants: (a) were sent to the C and the Defendant D on the route of the C-W5 car operated by Defendant C with the C-W5 car operated by Defendant C; and (b) Defendant B intentionally concealed the back part of the C-W5 car with the front part of the said E-PS5 car by driving the C-PS car; and (c) immediately received as if the victim H insurance company caused the said traffic accident due to the negligence on the part of the victim H insurance company subscribed by Defendant B as the insured, and (d) was paid KRW 3,814,410 from the victim insurance company.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

2. Defendant A, Defendant C, and Defendant E co-principal conspired with I to receive insurance proceeds by filing a false report with the insurance company as if the traffic accident occurred.

Defendant

E, according to the above public offering on December 13, 2018, around 15:46, where Daegu located, and there was no actual occurrence of a traffic accident, in spite of the fact that there was no actual occurrence of a traffic accident, the occurrence of an accident in which the Defendant E was called to the victim J insurance company affiliated with the insured, and the Defendant E was driving the K Poter vehicle on December 12, 2018 at the roads near the Daegu Simdong-dong Godong-dong, Daegu Simdong-dong, the occurrence of an accident in which the Party A was unable to find out that the Party C and I was standing while driving the Poter vehicle on the roads near the Daegu Simdong-dong, Daegu Simdong-dong, 2018.

‘A false report was made to the effect that it received KRW 4,837,760 from the victim insurance company.

As a result, the Defendants conspired with I to deceiving the victim and take the property by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of M. M.