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(영문) 부산지방법원 2019.05.30 2019고정370

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant conspiredd with B, C, D, E, F, G, etc. to cause a traffic accident, and conspired to receive an accident from an insurance company and receive insurance money by pretending that a traffic accident occurred due to negligence.

B, around 20:40 on May 19, 2016, driving JN test on the roads near the IMO located in the Busan Northern-gu, Busan, and the Defendant, C, and D are driving on the said vehicle while driving on the vehicle. B was intentionally receiving the vehicle driven by E, F, and G, and reported the occurrence of the accident to the victim L Co., Ltd. with the content that the accident occurred, and due to the occurrence of the traffic accident, damage caused by the traffic accident, the agreement amount and treatment expenses were changed, which was received from the above victim in total 2,725,750 won.

In addition, the Defendant, in collusion with B, C, D, E, F, G, etc., received insurance money equivalent to KRW 28,030,500 in total from the victim insurance companies three times in the same manner from around that time to May 18, 2017, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police against M, N,O, P, Q, R, and S;

1. A copy of the police statement concerning T;

1. Separate -A’s list of accidents involving addition - A’s list of insurance proceeds, list of insurance proceeds payments (L, Nos. 18), list of insurance proceeds payments (U and evidence list Nos. 27), list of insurance proceeds (V and evidence list Nos. 47), application of legislation on the details of insurance proceeds payments (W and evidence list Nos. 56)

1. Article 8 of the relevant Act on Prevention of Insurance Fraud, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.