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(영문) 부산지방법원 2018.11.29 2018고정1440

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

After the Defendant conspiredd with C, D, E, and F to commit an insurance fraud, he/she took the role of E to siren and drive a vehicle, the role of D in drinking the accident vehicle at the head of this Protocol, F, including the Defendant, and C, to take the role of falsely complaining of the injury and receiving the personal accident at the time of the occurrence of the accident, and from G on September 4, 2017, he/she borrowed H AD vehicle from G to H AD vehicle.

2017. 9. 5. 18:12 경 부산 부산진구 양정동 롯데 갤러리 움 부근 도로에서, G 소유 H 아반 떼 AD 차량을 E이 운행하고 조수석에는 F, 뒷 좌석에는 D, 피고인이 동승하여 운행하던 중, E이 고의 사고 유발에 계속하여 실패하자 D과 운전자를 바꿨다.

Since then, D has operated sirens and has caused minor traffic accidents on JM5 vehicles driven by JW 1, which changed the vehicle from the second to the third vehicle line.

Although there was no personal injury, the Defendant, as if the Defendant had caused personal damage due to a traffic accident, received personal damage by deceiving merts Fire Insurance Co., Ltd., the Defendant, under the pretext of the agreement and treatment fees from merts Fire Insurance, received KRW 1,185,630 from the Defendant, and received KRW 1,184,30 in the name of the Defendant, KRW 1,187,030 in the name of the Defendant, KRW 1,027,030 in the case of D, KRW 1,025,610 in the case of C, KRW 1,025,610 in the case of F, and KRW 1,025,610 in the case of E, two times in total, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of each protocol concerning the suspect examination of the police against F, D, C, or E;

1. Application of Acts and subordinate statutes on the detailed statement of payment of each insurance money, a motor vehicle compensation receipt, and an accident investigation report;

1. Article 8 of the relevant Act, the Special Act on the Prevention of Fraudulents by Insurance from which a punishment is selected for facts constituting an offense, and Article 30 of the Criminal Act.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse is not led by the defendant, although the sentencing is not led by the defendant.