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(영문) 인천지방법원 2018.04.13 2018고단280

보험사기방지특별법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Defendant B’s criminal history] On August 29, 2014, the Incheon District Court sentenced Defendant B to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and completed the execution of the said sentence on February 17, 2017.

[2] On June 28, 2017, the Defendants conspired to obtain insurance proceeds by intentionally causing a traffic accident against a passenger vehicle changing the tea line. Accordingly, at the entrance of the Mangnsan tunnel located in the Namdong-gu Incheon Metropolitan City on June 28, 2017, Defendant A driven a FMobow car owned by Defendant B, the seat of Defendant B, and Defendant B intentionally obtained the G Driving car with the H MW car changing the car line from the beeline to the beeline.

Nevertheless, the Defendants reported an accident to an insurance company as if they were ordinary traffic accidents. In order to be subject to the special agreement on the insurance of a passenger car with the above mother, “the driver change” is deemed to have been driven by Defendant B as if they were driven by Defendant B, and in fact, the Defendants filed for the insurance proceeds to the effect that they were hospitalized in the first Council from June 30, 2017 to July 7, 2017, even though they did not receive proper treatment, and around July 5, 2017, the Defendants revised the criminal facts regarding the amount of damage to the extent that they did not infringe upon the Defendants’ right to defense in light of the evidence record of KRW 2,505,020 under the name of insurance proceeds against Defendant A and KRW 2,355,020 under the pretext of insurance proceeds against Defendant B, Defendant B.

hereinafter the same shall apply);

A total of KRW 10,390,040,000, such as KRW 5,530,000, as a substitute insurance money for the car at the above mother.

As a result, the Defendants conspired to acquire insurance money by insurance fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each prosecutor to the G and J;

1. Statement made to K in the police statement;

1. Each investigation report (a document attached to the statement of telephone call during the period of hospitalization of the suspect B, and the period of hospitalization of the suspect A.