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(영문) 대구지방법원 서부지원 2020.01.09 2019고단1836

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2019, around 09:06, the Defendant: (a) walked the front side of Seo-gu Seo-gu, Daegu-gu (Seoul-gu) road from the room of the building C to D room; (b) intentionally caused an accident on the passing vehicle; (c) attempted to receive an accident from an insurance company by pretending that a traffic accident occurred due to negligence; and (d) received insurance money and take it by fraud; and (c) caused a traffic accident by facing the Defendant’s left-hand side part of the front side of the car driven by Ma-gu, Daegu-gu (Seoul-gu).

However, the above accident was a traffic accident caused intentionally by the defendant for the purpose of receiving insurance money.

Ultimately, the Defendant, as seen above, by deceiving employees belonging to the Victim G Co., Ltd., and thereby, acquired insurance proceeds by receiving the total of KRW 527,420,00, including the cost of repairing mobile phones on January 21, 2019, the agreed amount of KRW 293,00 on January 22, 2019, and the medical expenses of KRW 23,470 on March 7, 2019, from the victim as insurance money.

2. On April 5, 2019, around April 22 and 15, 2019, the Defendant intentionally induced an accident on the passing vehicle, and attempted to receive the insurance money by pretending that the accident was caused by negligence, and caused a traffic accident by inserting the part of the Defendant’s left side on an Ibee or a car driven by M&H (E, 63 years old).

However, the above accident was a traffic accident caused intentionally by the defendant for the purpose of receiving insurance money.

Ultimately, as seen above, the Defendant, by deceiving employees belonging to the victim J Co., Ltd., received 847,540 won, including the sum of 827,150 won and the amount agreed upon on April 15, 2019 and 20,390 won of medical expenses on May 24, 2019, from the victim, as insurance money, and acquired insurance proceeds as insurance fraud.

Summary of Evidence

1. The defendant's legal statement; 1.1.