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(영문) 부산지방법원 서부지원 2020.02.06 2018고단2294

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 7, 2017, the Defendant: (a) received insurance money by a false diagnosis; (b) received it from the Defendant through C in the name of Defendant, D, the Defendant’s words, and E, the Defendant’s children, from July 7, 2017, in the name of 17 insurance products in total, under the name of 17 insurance in the name of Defendant, Defendant E, the Defendant’s child, and the Defendant’s child, with the intention to receive insurance money instead of monthly insurance premium.

On May 19, 2017, the Defendant: (a) taken RoI photographs on the ground that “G image medical clinic” located in the Seo-gu Busan, Seo-gu, Busan, along with C, and was diagnosed as “the aggregate of the second floor,” and received a written diagnosis from C around May 22, 2017; and (b) claimed insurance proceeds from the victim I and five insurance companies; (c) the Defendant did not suffer any injury, such as the cutting of the aggregate, from the stairs, or resulting therefrom.

Ultimately, as above, the Defendant received insurance money of KRW 9,850,000 from the victim I and five insurance companies from May 22, 2017 to the 24th of the same month as shown in the annexed crime list (1). From that time, the Defendant received insurance money of KRW 31,892,170 in total, as shown in the annexed crime list (1), (2), and (3) in the same manner from November 8, 2017.

Accordingly, the defendant, in collusion with C and H, by deceiving the victim insurance company, and by deceiving the property.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police interrogation protocol of H and C;

1. Details of the purchase and payment of each insurance policy for the AJE, claims for the insurance money and payment documents;

1. Application of Acts and subordinate statutes to the AJE Appraisal Report;

1. Relevant Article 8 of the Act on the Prevention of Insurance Fraud and Article 30 of the Criminal Act concerning criminal facts, each of the special Act on the Prevention of Insurance Fraud.