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(영문) 서울서부지방법원 2017.09.19 2017고정1060

보험사기방지특별법위반

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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B around 14:10 on February 25, 2017, at the front parking lot of the Mapo-gu Seoul Mapo-gu World Cup 260 Masan apartment 29 Dong, the driver was driving a CA110S two-wheeled automobile owned by the Defendant for the purpose of the delivery of Chinese house operated by the Defendant, and parked there.

C There has been a traffic accident that conflicts with the front right part of the car.

According to the automobile insurance of the victim Hansung Non-Life Insurance Co., Ltd., which subscribed to the above CA110S two vehicles, the defendant was aware that if he caused a traffic accident while driving less than 48 years of age, he would be limited to the payment of insurance money, and he was aware of the fact that he was driving by the defendant and conspired to receive insurance money after receiving the accident from the victim company.

On February 25, 2017, around 15:13, 2017, the Defendant received a false report from the victim company as if he/she had caused the above traffic accident, and had the victim company pay a total of KRW 7,050,000 to the victim company, such as the repair cost of the above passenger car, siren, etc. around March 22, 2017.

Accordingly, the defendant, in collusion with B, acquired insurance money or obtained insurance money from a third party by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to data on receipt of accident against Korean style accident;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Fraud of Insurance Contract, and Article 30 of the Criminal Act (Selection of Penalty Surcharge);

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;