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(영문) 대구지방법원 김천지원 2018.11.15 2018고정233

보험사기방지특별법위반

Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant, as the insured insured of the LwC insurance, may receive insurance money when he/she inflicts loss on another person due to a contingency accident that occurred during his/her daily life as the insured of the LWC insurance company.

No person shall claim insurance proceeds by deceiving an insurer with respect to the occurrence, cause, or content of an insurance accident.

On March 25, 2018, the Defendant caused an accident of collision with B’s bicycles while riding a bicycle on the upper roads of the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, by causing an accident of collision with B. The bicycle owned by the Defendant was destroyed.

In order to receive insurance money for damages incurred to one's own bicycle, which is not subject to insurance money, the Defendant claimed KRW 6,547,000 for the above accident, and the Defendant claimed KRW 15,42,000 for the total amount of insurance money in terms of the repair cost for bicycles in C and B.

As can be seen, the Defendant, by deceiving Co., Ltd. Meberts Fire Marine Insurance on the occurrence, causes, and details of the accident, claimed false insurance money, but was found to have been false in the course of investigation and subsequently attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each claim for insurance proceeds, a receipt of claim for insurance proceeds, a written answer to each accident, a field report, and a report on internal investigation (B).

1. Relevant Article of the Act on Criminal Facts and Articles 10 and 8 of the Special Act on the Prevention of Fraud of Insurance Contract, Selection of a fine (in the case of a violation, damage of a bicycle in B, actual accident, Defendant's crime is committed toward an attempted crime, and there are no criminal records of the same kind);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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