beta
(영문) 서울동부지방법원 2018.07.18 2018고단1478

보험사기방지특별법위반등

Text

A defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On November 23, 2017, the Defendant violated the Special Act on the Prevention of Insurance Fraud: Around November 23, 2017, the Defendant was placed on the floor and was placed on the floor while driving a CK7 car owned by the Plaintiff at the king-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

D It was destroyed by shocking the bicycles owned by the D.

The Defendant, in collusion with B and D, was aware that he will not process insurance in the state of cancellation of the license at the time, and the Defendant, in collusion with B and D, filed a false report as if he destroyed the bicycle while driving, and received the insurance money and received the bicycle.

On the same day, the Defendant reported to the staff in charge of Samsung Fire Insurance Co., Ltd. with the phone, as if he damaged the bicycle while driving a K7 car, and he received 9.2 million won from the damaged person on Nov. 30, 2017 to the bank account in the name of the Defendant, and acquired the same amount of property profit.

2. On November 23, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a CK7 car from the Doncheon-si Parking Lot in Gyeonggi-do to the 450-0 front road in Seogdong-si in Gyeonggi-do without obtaining a driver’s license for a car around 11:30 on November 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of B suspect;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 8 of the Special Act on the Prevention of Fraud in Insurance Punishment Regulations, Article 30 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 (Selection of Each Fines);

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Attraction of a workhouse: A person shall be punished by a fine in consideration of the following factors: The person shall be punished by a fine, such as the compensation for damage caused by the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act and