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(영문) 서울중앙지방법원 2020.04.22 2020고단536
사기등
Text

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

Reasons

Punishment of the crime

1. The defendant of the Special Act on Insurance Fraud Prevention has intentionally induced a traffic accident by taking off his/her hand, etc. against a vehicle that is passing by the latter and has committed an accident, and has the intention to acquire insurance proceeds from the insurance company;

On July 31, 2019, at around 16:30, the Defendant: (a) took part of the Defendant’s right blue part of the top blue part of the Defendant’s front blue car driven on the roads nearby Dongjak-gu Seoul Metropolitan Government, and (b) made C receive insurance from the victim D, pretending to be an actual traffic accident; (c) received KRW 1,646,60 as medical expenses from the victim in the name of the medical expenses, etc.; and (d) received KRW 1,66,60 from the victim in the same manner until January 14, 2020, the Defendant acquired KRW 54,143,66 in total from the victims over 50 times in the same manner, and acquired six times (crime list 18,34,36,47,47,52,53) from the victim, and did not receive the insurance money under the name of the victim and did not intend to receive the insurance money, etc., by the following circumstances.

Accordingly, the defendant had attempted to acquire or acquire insurance money by habitually committing insurance fraud.

2. On December 27, 2019, on the front side of Dongjak-gu Seoul Metropolitan Government, the Defendant pretended that the Defendant was a real traffic accident after the Defendant was faced with some of the Defendant’s arms on the right side of the SM5 vehicle driven by the Victim F, and that it was the victim’s 393,100 won after receiving 393,100 won from the victim for medical expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on G, H, C, I, J, K, K, L, M, N,O, P, Q, R, T, U, V, W, X, Y, Z, AB, AC, AC, AD, and AE;

1. Each report on investigation;

1. Reports on the occurrence of each traffic accident and the occurrence of each traffic accident;

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