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(영문) 인천지방법원 2018.09.14 2018고정1963

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B On April 26, 2018, around 09:15, while driving a C Freight without a driver’s license, caused a traffic accident, and became not subject to automobile insurance due to the state of unauthorized License, the Defendant conspired with the Defendant to receive insurance money as if the Defendant caused a traffic accident while driving the said Freight.

around April 26, 2018, the Defendant, in collusion with B, received the insurance that the Defendant had caused a traffic accident by driving the said cargo vehicle in collusion with the victim Samsung T&T Co., Ltd., and from April 30, 2018, the same year from around April 30, 2018.

5. Until October, 198, 8,906,020 won was paid in aggregate as repair expenses, etc.

As a result, in collusion with B, the defendant either acquired insurance money by insurance fraud or has a third party obtain insurance money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Request for cooperation with investigation;

1. B Application of Acts and subordinate statutes on the licensing ledger;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Fraud of Insurance Contract, and Article 30 of the Criminal Act (Selection of Penalty Surcharge);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires B to receive insurance money that could not have been originally received by deceiving the insurance company for the reason of sentencing, and its nature is heavy in that the degree of deceiving B had it receive insurance money, and that the number of insurance premium paid by a large number of good insurance holders in advance of their personal human relations was exceptionally considered.

However, the Defendant appears to have no profit from the instant crime, and the Defendant is sentenced to the same sentence as the disposition by taking account of the balance with B’s punishment subject to further punishment even driving without a license.