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(영문) 서울중앙지방법원 2020.10.13 2019고단7883

보험사기방지특별법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Special Act on Insurance Fraud Prevention;

A. On January 22, 2017, around 16:50 on January 22, 2017, the Defendant committed a traffic accident related to a traffic accident, following the occurrence of a traffic accident that conflicts with C, while driving a B K7 car on the roads in front of the Handong-gu Seoul Metropolitan City, Gangnam-gu, Seoul, in order to pay the insurance proceeds under the pretext, such as hospital treatment, even though it does not require hospitalization.

On April 12, 2017, the Defendant filed a claim for the payment of insurance money for “E” goods that the Defendant joined with the Victim D Co., Ltd., and submitted a written confirmation of hospitalization to the effect that the Defendant was hospitalized from “G oriental medical hospital” located in Eunpyeong-gu Seoul Metropolitan Government F to “G oriental medical hospital” for nine days from January 25, 2017 to February 2, 2017.

In conclusion, the Defendant, as such, by deceiving a person in charge of the payment of insurance proceeds of the victim company, received the remittance of KRW 1,016,415 from the said person to the bank account under the name of the Defendant on April 12, 2017.

B. On February 20, 2017, the Defendant committed a traffic accident related to the traffic accident on February 20, 2017, when the occurrence of a traffic accident that conflicts with the JWM5 car while driving a JWM-5 car on the roads in front of the “I Hospital” located in Gangnam-gu Seoul Metropolitan Government H on February 21, 2017, the Defendant considered the Defendant to be paid for the nominal insurance proceeds, such as hospital expenses, by falsely hospitalized, even though it is not required to receive hospital treatment.

On April 12, 2017, the Defendant filed a claim for the payment of insurance money for “E” goods that the Defendant joined with the Victim D Co., Ltd., and submitted a written confirmation of hospitalization that the Defendant was hospitalized at the above G oriental medical hospital for ten (10) days from February 22, 2017 to March 3, 2017.

Ultimately, the Defendant, as such, by deceiving a person in charge of the payment of insurance proceeds of the victim company, received the remittance of KRW 1,114,350 from the said person to the bank account under the name of the Defendant on April 12, 2017.

(c) the occurrence of April 8, 2017.