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(영문) 부산지방법원 2020.05.15 2019고정1394

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, together with B, C, D, and E, intentionally induced a motor vehicle accident, and conspired to commit an insurance fraud crime by receiving insurance proceeds from a hospital treatment as if the personal injury had occurred.

Accordingly, the Defendant is on board with C, D, and E on September 27, 2017, while driving the said car on the road near the Namcheon-gu Busan Metropolitan City, Seocheon-dong, Seocheon-gu, Busan on September 27, 2017, caused a traffic accident by discovering and shocking the H cruise car of G driving in the front section of the road while discovering the change of the vehicle, and then causing a traffic accident by driving the G to receive the damage of the traffic accident from the victim I Co., Ltd. as if the traffic accident occurred due to negligence, and the Defendant, B, C, D, and E received medical treatment from the hospital as if the personal damage occurred due to the traffic accident by chance.

As a result, the Defendant, in collusion with B, C, D, and E, acquired insurance proceeds of KRW 11,803,250 in total from the victim for agreement payments, medical expenses, and repair expenses, or acquired from the relevant hospital or vehicle repair enterprise, and acquired insurance proceeds of KRW 16,912,630 in total on two occasions from September 29, 2017 to April 29, 2018, such as the contents of the attached crime list, from September 29, 2017 to April 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. A copy of the second protocol of interrogation of police officer against J, copy of the protocol of interrogation of police officer interrogation for E, copy of the fifth protocol of interrogation of police officer for C, copy of the fourth protocol of interrogation of police officer for K, copy of the third protocol of interrogation of police officer interrogation for L, and copy of the third protocol of interrogation of police officer interrogation for D;

1. Each investigation report is about the damaged parts and the degree of the damaged parts of the vehicle, and the accident black box of September 27, 2017.