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(영문) 서울동부지방법원 2019.01.11 2018고단3680

보험사기방지특별법위반등

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of 4,00,000.

Reasons

Criminal facts

1. Joint criminal conduct by Defendants A, B, and C - Fraud Defendants conspired to conceal insurance money under the pretext of medical treatment, agreement, etc. by forging a false traffic accident around December 16, 2015.

According to the above public offering, Defendant B instructed Defendant C to the effect that “the receipt of an accident is made by creating a false accident,” and Defendant C was subject to medical treatment in the name of Defendant F, his/her own model, as if the accident was committed, at around December 16, 2015, by calls to the victim D Co., Ltd. on or around December 19:41, 2015, despite the absence of the occurrence of a traffic accident.” Defendant C was subject to medical treatment in the name of F, a type of one’s own hospital, as follows: (a) around December 19:35, 2015.

According to the records of the payment of insurance proceeds on December 16, 2016 (Article 37, 38 of the investigation records in the list of evidence Nos. 57) in the name of medical expenses by deceiving the employees of the damaged insurance company and having the employees of the damaged insurance company receive KRW 1,190,000 as agreed money on December 18, 2015, the Defendants are obvious that the term " December 1, 2015" as stated in the written indictment is a clerical error in the statement of indictment. < Amended by Act No. 13582, Feb. 1, 2016>

243,310 won was paid to G Hospital.

As a result, the Defendants conspired to induce the employees of the damaged insurance company to acquire or let a third party obtain property benefits equivalent to 1,433,310 won in total.

2. Joint criminal conduct by Defendant A and Defendant B - Fraud

A. On November 6, 2014, the Defendants conspired to acquire insurance proceeds under the pretext of medical treatment, agreement, etc. by deceiving an insurance company by forging a false traffic accident.

According to the above public offering, Defendant B did not have any traffic accident, but on November 6, 2014, Defendant B had the victim H Co., Ltd. “On November 5, 2014.”