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(영문) 대전지방법원공주지원 2020.08.21 2020고단273

보험사기방지특별법위반등

Text

A defendant shall be punished by imprisonment for six 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. Around February 24, 2020, the Defendant violated the Special Act on Insurance Fraud Prevention: (a) around February 24, 2020, at the front report of the C Hospital located in D, D, even though there was no fact that D was taken from the Eknife vehicle operated by D, the Defendant caused the injury due to D’s negligence; and (b) caused D to receive insurance from the F, Inc.

The Defendant, on March 5, 2020, received KRW 701,00 from the victim as agreed money, and had the victim obtain property benefits of KRW 135,50 on March 16, 2020, KRW 34,250 on March 25, 2020, and KRW 963,030 on April 16, 202.

2. At around 19:20 on February 24, 2020, the Defendant reported to the effect that “the Defendant was undergoing the E-car driven by D on the front sidewalk of the C Hospital located in Gongju-si B” by phone call at 112 at the above time and at 112 at the above time, the Defendant reported to the effect that “the Defendant was taking the right edge on the right edge of the knife knife,” and on February 25, 2020, at the public police station of the public police station located in 2148-15 on a white culture of Gongju-si and the transportation investigation team office, “the knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif knif knif knif.”

Accordingly, the defendant reported false facts to public officials for the purpose of having them receive criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. 12. Handling of report cases and response to requests for appraisal; and

1. Audios at the scene of an accident, CCTV closures and video files, CDs A submitted photographs, and CCTV closure photographs at the scene of an accident;

1. Application of Acts and subordinate statutes to report on investigation (verification of payment of insurance proceeds);

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on Insurance Fraud Prevention, Article 156 of the Criminal Act, and the choice of imprisonment, respectively;

1. Articles 157, 153, and 55(1) of the Criminal Act, which are statutory mitigation;