beta
(영문) 서울중앙지방법원 2019.08.29 2019고단2737

보험사기방지특별법위반등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

On November 4, 2014, A was issued a summary order of a fine of KRW 4 million at the Seoul Western District Court due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 4, 2014, and around that time the driver's license was revoked.

1. The Defendants’ co-principal - Violation of the Special Act on Insurance Fraud Prevention

A. Defendant A committed on March 16, 2018: (a) around 222:00 on March 16, 2018, while driving a freight truck before Eunpyeong-gu Seoul Metropolitan Government, Defendant A received the part of the fronter part of the Eslova vehicle’s vehicle to the right direction of the said freight vehicle.

Defendant

A had concerns over not being dealt with insurance due to a non-licensed license, and Defendant B sent a phone to his natives Defendant B and sent an accident to him. As the vehicle was driven by N, Defendant B accepted the accident of the insurance company. As the vehicle was driven by N, Defendant B accepted it.

The defendant A, at that time, sent a telephone to the call center of the victim FF company (hereinafter "victim company"), and reported that "B had a contact accident while driving the C cargo vehicle," and the defendant B made a false statement that "A had a contact accident while driving the C cargo vehicle on March 16, 2018" to a counselor in the name of the victimized company by telephone, and that "A had a contact accident while driving the C cargo vehicle on March 22, 2018."

The Defendants had the victimized Company remitted 1,633,180 won of the car repair cost in the Asslish to the account of G Co., Ltd.

As a result, the Defendants conspired to acquire the property owned by the victimized company.

B. On November 26, 2018, Defendant A, while driving a Poter Cargo on the front side of Eunpyeong-gu Seoul Metropolitan Government H on November 26, 2018, loaded the said Poter Cargo on the front side of H on the road of Eunpyeong-gu Seoul Metropolitan Government, and received the rear door of the I-Abte Vehicle driving seat.

Defendant

A For the same reason as the above A, the Defendant B asked Defendant B to see that “I would like to speak as if he had caused an accident while driving the cargo vehicle.”

참조조문