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(영문) 인천지방법원 2018.11.22 2018고단6395

보험사기방지특별법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A (E prior to the opening of an open name) is an article for “G” located in the Namdong-gu Incheon Metropolitan City F, and is the owner of Hrocketing and another car, and Defendant B is the owner of I BMW car.

Defendant

A around August 7, 2017, around 2017, the two automobiles were damaged by the said rocketing car and BMW car, which was parked in a place during the process of carrying timber by using a string vehicle in front of the warehouse of the "J" in the Nam-gu Incheon Metropolitan City.

The Defendants were unable to receive insurance money because the said vehicle did not have been insured to receive compensation for the said accident, and thus, Defendant A conspired to receive insurance money by deceiving Defendant A to the victim Samsung Insurance Co., Ltd. Co., Ltd. (hereinafter “victim”) who joined the vehicle of Defendant A, while driving the automobile insurance company with the automobile of Defendant A, Defendant A conspired to receive insurance money by deceiving Defendant A as if the traffic accident occurred.

As such, according to the public offering, Defendant A called the victim company’s accident receipt department around 13:05 on August 8, 2017 at the same place with Defendant B, and filed a false report with Defendant A stating that “IW car was destroyed due to the shock of timber obtained at the right part of the front of the crime during the operation of HM car, and then destroyed IW car.” On August 29, 2018, Defendant A filed a claim for insurance proceeds with the victim company.

As above, the Defendants deceptioned the person in charge of the victim company, and then acquired the total amount of KRW 3,277,50 from the victim company as insurance money on August 31, 2017, and Defendant B received KRW 57,454,000 in total three times from August 30, 2017 to September 11, 2017, including receiving KRW 57,454,000 from August 30, 201 to receive KRW 60,731,550 in total.

As a result, Defendants conspired to obtain insurance money or to obtain insurance money from a third party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to K.