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(영문) 창원지방법원 진주지원 2020.01.09 2019고정95

보험사기방지특별법위반교사

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

At around 05:20 on September 11, 2018, the Defendant driven a leased C vehicle, and driven a G vehicle that was parked in the front side of the Franf car that was parked on the right side of the vehicle, and was parked in the front side of the Fhof car that was parked on the front side of the vehicle at the Jinju City.

The Defendant was aware of the fact that a third party who was not the lessee was driving a siren from B that if the accident occurred, it would not be subject to insurance in violation of the terms and conditions.

In order to avoid violation of the terms and conditions and to deal with insurance, the Defendant allowed B who leased the vehicle to walk the phone and enter the accident site, and prevented B from driving the vehicle at the accident site as if the accident occurred.

Upon receipt of the above proposal, B accepted it, and driving the C vehicle, and made a false statement to I, the H warden, as the accident occurred.

The Defendant: (a) instigated B to claim the insurance of YAC; (b) promised B to transfer KRW 2,039,500 to the L Nonghyup Bank account, such as F repair cost, KRW 3,435,500, G repair cost, etc., and KRW 641,70, KF Bank account, etc., and KRW 2,039,50,000, such as C Repair cost.

Accordingly, the defendant acquired insurance money of KRW 6,116,70 due to insurance fraud that he instigated B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article 8 of the relevant Act on the Prevention of Insurance Fraud, Article 31 (1) of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;