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(영문) 서울중앙지방법원 2018.08.28 2018고단2673

보험사기방지특별법위반등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to two years of probation on December 15, 2016 by the Seoul Southern District Court for fraud and violation of road traffic law (unlicensed driving) at the Seoul Southern District Court on December 15, 2016, and the judgment became final and conclusive on February 23 of the same month, and Defendant B is currently under probation, and Defendant B was sentenced to one year of probation for special larceny at the Seoul Northern District Court on February 8, 2017 and was sentenced to two years of probation for one year of imprisonment for special larceny at the Seoul Northern District Court on February 8, 2017.

[2] Defendant A of the 2018 Highest 2673, on December 5, 2017, while driving the G, who was on the front of the “D” restaurant located in Gangnam-gu Seoul on the roads of “D” restaurant located in Gangnam-gu Seoul on December 21:43, 2017, while driving the G, friendly E, F, and Dong Neline, on the H M Myra T.

I A. The F and G left the scene of the accident without being covered by the insurance, which was known on December 7, 2017 to Pyeongtaek Dong-dong-dong, 2017.

J and Defendant B provided that “it is necessary to submit an order of withdrawal from the diagnosis, only to pay money,” and suggested that they would claim insurance money to the victim KK Co., Ltd. and receive insurance money as if they were the winners of the said car, and J and Defendant B consented to Defendant A’s proposal.

Defendants and J around December 8, 2017, in the L-type department located in Mapo-gu Seoul Metropolitan Government, and in fact, J and Defendant B did not board the M-type car at the time of the said accident, despite the fact that J and Defendant B did not board the M-type car, J and Defendant B submitted to the employees in charge of the victimized company for the payment of the insurance proceeds by submitting the diagnosis to M, who are the employees in charge of the victimized company upon issuance of the diagnosis.

As above, Defendants and J had deceiving the damaged company and were paid insurance money equivalent to KRW 2,457,90 in total under the pretext of mutual agreement and treatment expenses with respect to J and Defendant B by the victimized company.

As a result, the Defendants and J conspired to cause the occurrence of the insured events or causes.