beta
(영문) 전주지방법원 2019.10.10 2018고단1426 (2)

보험사기방지특별법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

After having contacted with the mobile phone display system, the Defendants used the circumstance that the Defendants paid insurance proceeds by simple investigation, such as telephone conversations with the perpetrator and the victim, without confirming the scene of the employees of the insurance company in the case of an ordinarily minor car accident, using the circumstance that the Defendants were to receive insurance proceeds by filing a false report with the insurance company, even though the occurrence of a traffic accident did not occur.

As a result, B called an automobile insurance company to which the harming Vehicle was subscribed as if it were the driver of the harming Vehicle, and claimed insurance money as if there were traffic accidents with the Defendants, and the Defendants deceptioned the insurance company by confirming the contents of the traffic accident in accordance with the direction of B when the telephone is confirmed by the automobile insurance company to which the victimized Vehicle was admitted, and conspired to divide insurance money paid to the Defendants into half.

B On August 23, 2017, as discussed above, received a traffic accident: “B is D, which, around 07:00 on August 23, 2017, driven by E E E E in the front way of the city community service center at Pyeongtaek-dong, Chungcheongnam-si, Chungcheongnam-do, and the Defendant was accompanied by a traffic accident.”

In order to confirm this after the receipt of the accident B, the Defendant and F had the phone from the victim, and even if there was no traffic accident, the fact was deceiving the victim by the method of responding to the occurrence of the above accident, and was issued 2,049,590 won in total as personal agreement compensation, etc. by the victim.

Summary of Evidence

1. Protocol concerning the examination of suspect B by the prosecution;

1. Protocol concerning the examination of each police suspect against the defendant or F;

1. The details of the accident, question points, payment details of insurance money, each automobile compensation receipt, the meetings of the automobile insurance contract, the conclusion of the contract and the report on damage assessment; and