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(영문) 부산지방법원 2018.06.27 2018고단1559

보험사기방지특별법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition to D, E, etc., the Defendant received damage from insurance companies by intentionally taking advantage of vehicles violating traffic laws and regulations, such as intrusioning the central line or changing the course of a sudden course, and acquired insurance proceeds from the agreed gold, or conspired to receive damage from insurance companies and receive insurance proceeds for the purpose of medical treatment expenses, etc., even though there is no fact that there is no injury.

Around March 2, 2017, the Defendant, D, and E borrowed G XE vehicles from F in around March 2, 2017, and the Defendant drive the said vehicle on the roads near the Seocho-dong Traditional Market in Busan Metropolitan City around 20:30 of the same day, and D and E are driving the said vehicle on the said vehicle, and D and E are driving the said vehicle on the said vehicle. After discovering and intentionally receiving the vehicle before the said vehicle, the Defendant reported the accident to the Korea Non-Life Insurance Co., Ltd. with the content that the accident occurred, and caused the damage caused by the traffic accident. Accordingly, the agreement amount and treatment expenses were changed, and the victim received KRW 3,570,313 in total in terms of treatment expenses, etc. from the said victim.

In collusion with D, E, etc., the Defendant received insurance money equivalent to KRW 76,520,853 in total from the victim insurance companies over 13 times in total, such as the list of offenses in the same manner from around that time to February 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer in relation to the defendant, J, K, L, M, N, P, Q, R, S, T, U, V, W, and X and the suspect interrogation record by the prosecution;

1. Investigation report (Y, H telephone communications);

1. An investigation report (three cases attached to the A traffic accident black images);

1. Each police statement made to the Z or AA;

1. Application of Acts and subordinate statutes of a resolution on the payment of insurance proceeds;

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on the Prevention of Fraud of Insurance Policy, and Article 30 of the Criminal Act (Selection of Imprisonment with labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;