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(영문) 울산지방법원 2020.10.14 2020고단1948

보험사기방지특별법위반

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A defendant shall be punished by imprisonment for six months.

However, 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 June 22, 2018, the Defendant: (a) was on board the CMW car of driving CMW on June 22, 2018; (b) while driving the EM on the first line road in Yangsan City, E in front of D; (c) the occurrence of an accident in which G MM freight cars of the Maju-in and the above BMW sublime car have contacted each other, and (d) the occurrence of the accident occurred; (b) the insurance receipt was different from the accident to the above B; (c) the Defendant was allowed any person who may know of the fact to report the accident to H, the victim; and (d) the Defendant was hospitalized for four days from June 25, 2018 to June 28, 2018, and then claimed insurance money to the victim after being hospitalized to the I Hospital for four days. < Amended by Presidential Decree No. 28988, Jun. 25, 2018>

As such, the Defendant, by deceiving the victim, received KRW 1,480,00 under the pretext of agreement on June 27, 2018 from the victim, and had the victim pay KRW 428,610 to the I Hospital on August 27, 2018.

Accordingly, the defendant acquired insurance money by an insurance fraud act or acquired insurance money from a third party.

2. On December 18, 2018, the Defendant was committing the crime with J and K on December 18, 2018 (joint criminal conduct with the J and K) and was driving a Nuria car in front of the Mri-ray L in Yangsan City, while driving a Nuria car in front of the Mri-ray L, the Defendant conspired to claim insurance proceeds even if the PPoa car operated by theO was almost different from the foregoing accident, and was waiting to claim insurance proceeds even if the PPoa car operated by theO was almost different from the above accident, and was hospitalized in the I Hospital during this period from December 18, 2018 to December 19, 2018, and then claimed insurance proceeds to the victim.

The Defendant, J, and K received 850,000 won, respectively, under the pretext of agreement by the Defendant, J, and K, from the victim on December 19, 2018 and December 20, 2018. On February 19, 2019, the Defendant, J, and K received 273,230 won from the Defendant’s medical expenses, 275,170 won from the J’s medical expenses, and 273,390 won from the K medical expenses on December 19, 2019.

Accordingly, the defendant and J. K.