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(영문) 인천지방법원 2020.09.17 2019고단6334 (1)

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

The defendant, B, and C are between the two.

Although the Defendant and B and C did not have a traffic accident, they wanted to obtain insurance money by reporting the occurrence of a false traffic accident to the insurance company as if the traffic accident actually occurred.

Accordingly, at around 10:58 on June 26, 2019, the Defendant called the victim E Co., Ltd. (hereinafter “victim”) at the vicinity of the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the same day, at around 10:40 on the same day, the Defendant was driving by the victim E Co., Ltd. (hereinafter “damage Co., Ltd.”). On the same day, at around 10:40, the Defendant reported the occurrence of a traffic accident as if he actually paid the traffic accident, even though he was aware that he was aware of the fact that he was in charge of the victimized Co., Ltd and was under stopping, and even though he did not have caused the traffic accident, he was aware of the fact that he was in charge of the victimized Co., Ltd., and then attempted to receive the amount of money from the victimized Co., Ltd. as if he actually suffered an injury.

Summary of Evidence

1. Each police interrogation protocol of the accused, B, and C;

1. A request for payment of automobile insurance money, each medical certificate, and each advance payment of automobile insurance;

1. Application of on-site photographs and photographs provided by suspects;

1. Article 10 of the relevant Act on Criminal Facts, Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and Selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 50 million won;

2. Crimes of which the sentencing criteria are not set, and since the sentencing criteria are not set, the sentencing criteria are not applied as they have been selected.

3. The crime of this case by which the defendant conspired to commit the crime of this case, and the criminal liability is heavier in light of the content of the crime.