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(영문) 부산지방법원 2018.12.20 2018고단4378

보험사기방지특별법위반

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The defendant is sentenced to two months of imprisonment with prison labor for the violation of the Special Act on the Prevention of Fraud in the Insurance Table No. 1 of the List of Crimes.

Reasons

Punishment of the crime

[Criminal record] On October 6, 2016, the Defendant was sentenced to imprisonment with labor for one year and a fine of 300,000 won for aiding and abetting the use of computers, etc. at the Busan District Court, and the judgment became final and conclusive on October 14, 2016, and completed the execution of the above punishment on June 14, 2017.

[Criminal facts] The Defendant conspired with B, C, and D to intentionally cause a traffic accident, and conspired to receive an insurance company's accident and receive insurance proceeds by pretending to cause a traffic accident due to negligence.

Accordingly, the Defendant, around November 1, 2017, driven a FN city car on the front road of Busan Dongdong-gu, Busan on November 1, 2017, and the B, C, and D was driven along the said car while the Defendant was changing the tea line.

G Driving shall require G to file a report on the receipt of an accident with the victim I's I's Financial Cooperative on the fact that the accident occurred after discovering H H H-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

In addition, the Defendant, in collusion with B, C, and D, received insurance money equivalent to the total amount of KRW 43,934,710 from the victims on seven occasions from July 10, 2014 to April 12, 2018, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer against J, K, C, D, L, M, N, orO;

1. Documents related to the payment of insurance proceeds;

1. Previous convictions: Inquiries about criminal history and investigation reports (the confirmation of attachment of criminal suspects A' repeated offenses-related judgments, etc. and the date of release) shall apply to statutes;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Fraud in the Selection of Punishments, and Article 30 of the Criminal Act (Selection of Imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each violation of the Special Act on the Prevention of Insurance Fraud listed in No. 2 to 7 of the List of Crimes)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.