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(영문) 창원지방법원 2018.04.03 2017고단4259

보험사기방지특별법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 30, 2017, the Defendant violated the Special Act on the Prevention of Insurance Fraud: (a) was driven by E on the front road of D, located in Kimhae-si C around 03:54.

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In the end, E had the victim AXA non-life insurance company receive insurance.

On September 4, 2017, the Defendant received KRW 1,000,000 from the victimized Company under the name of consolation money and medical expenses for injuries.

2. Although there was no accident that the Defendant was faced with the pertinent car driven by E around August 30, 2017, the Defendant called around 03:54 on August 30, 2017 and called around 112 in front of the H in Kimhae-si around 04:18 on August 30, 2017, and there was no driver leaving the FK3 car.

On September 1, 2017, after receiving an accident in the body of a prisoner, on September 14:05, 2017, the police station guard in the Kimhae-west in 2307 as Kimhae-si, Kimhae-si, and the I Team office stated that “The above women were punished for the above women because they left the scene without any measure after shocking the left-hand bridge of the 30th first half women driving the FK3 car.”

Accordingly, the defendant reported false facts to public officials for the purpose of having them receive criminal punishment, and made a false accusation to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and E;

1. The report on the occurrence of a traffic accident, a report on actual condition investigation, a report on internal investigation ( CCTV image in front of the K Jeongmun), photographs, the details of payment of insurance money, and the application of the statutes governing the list of reported cases;

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

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (in relation to the crime of false accusation, confession) of the said Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.