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(영문) 서울남부지방법원 2020.09.23 2020고정998

보험사기방지특별법위반

Text

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

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant: (a) was the representative of the KCAB, and (b) had been leased and used by the company, and (c) had caused a traffic accident involving a car parked in the center line on the road at the 4-ro 53-13 road in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul and caused damage to the front part of the vehicle; (d) but (e) was unable to receive self-repair from E, an insurance company that has subscribed against the special agreement against the driver age limit (at least 32 years of age), the Defendant left the said car for eight months, caused a separate traffic accident and received the accident to the insurance company, and tried to repair the said car.

On June 26, 2018, at around 10:36, the Defendant deceptioned the victim by means of receiving a virtual traffic accident that did not actually occur, with the content that “A car at around 00:00 on June 26, 2018 (U.S.) was in the process of avoiding a imprison vehicle in the vicinity of an underground car located in the lock-gu, YY-gu, the Gyeonggi-gu, the Gyeonggi-do, and thus, the vehicle was damaged.”

On October 16, 2018, the Defendant: (a) by deceiving the victim Party E, and caused the victim to obtain financial benefits equivalent to KRW 17,436,840,00, in total, including: (b) allowing the victim to pay repair costs of KRW 176,90,00 to “G” on the same day; and (c) granting repair costs of KRW 5,360,840 to “H” on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to letters of goods for which insurance proceeds are paid, letters of accident receipt and contract sheet, payment status of insurance proceeds, requests for automobile insurance proceeds, and copies of accident certificates (A);

1. Article 8 of the relevant Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;