beta
(영문) 서울북부지방법원 2017.11.15 2017고단3644

사기등

Text

1. Defendant A shall be sentenced to two years of imprisonment, and Defendant B shall be punished by a fine of one million won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

Defendant

A has intentionally caused a false traffic accident in collusion with Defendant B, etc. in order to obtain insurance proceeds from an insurance company by means of demanding agreements, etc.

1. Defendant A

A. A. Violation of the Special Act on the Prevention of Fraud and Insurance Fraud 1) The Defendant, on January 15, 2013, filed a claim for insurance money after receiving the salary of D being driven in front of the Gangnam-gu Seoul Southern apartment, Gangnam-gu, Seoul, while driving the off-to-land around 16:20 on January 15, 2013

However, the defendant intentionally caused a false accident for the purpose of acquiring insurance money.

As such, the Defendant: (a) by deceiving the Dong-dong fire in the victim dispute resolution council; and (b) obtained financial benefits equivalent to KRW 3,022,350 from the victim; and (c) around that time, the Defendant acquired financial benefits equivalent to KRW 44,70,270 in total on 20 occasions from August 19, 2016, as stated in attached Table 1 to 20.

Accordingly, the defendant, either alone or in collusion with the defendant B, E, or F, has taken advantage of property by deceiving victims.

2) The insurer shall not acquire insurance proceeds or have a third party acquire insurance proceeds by deceiving the insurer with respect to the occurrence, cause, or content of insurance accidents in violation of the Special Act on Prevention of Insurance Accidents.

Nevertheless, on October 21, 2016, the Defendant filed a claim for insurance money on the ground that, while driving the Oratoba around 18:40 on October 21, 2016, H intentionally received and sustained a motor vehicle for the Spantoba in Gangnam-gu Seoul Metropolitan Government G.

However, the defendant intentionally caused a false accident for the purpose of acquiring insurance money.

As such, the Defendant, as described in the [Attachment] List No. 21 to No. 29 from May 18, 2017, by deceiving the victims of the losses and acquiring insurance proceeds No. 2,185,000 from the victims on October 25, 2016, and adding up nine times from around that time to May 18, 2017.