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(영문) 대전지방법원 천안지원 2018.07.20 2018고단161
보험사기방지특별법위반방조등
Text

Defendant

A, C, and D shall be punished by imprisonment for six months, by imprisonment for eight months, and by imprisonment for ten months, respectively.

Reasons

Punishment of the crime

Defendant

At around 03:06, Aug. 19, 2017, A, while under the influence of alcohol without a driver's license, driven the J-J car owned by D and damaged a building to have approximately KRW 17,231,100 of the repair cost by obtaining a part of the entrance door of the L real estate office in the north-gu, west-gu, west-gu, west-gu. However, the above passenger car is covered by the "insurance for Basic Business-Purpose Vehicles over 26 years old" and it is known that A was a traffic accident while driving without a driver's license, and it is possible that A would not pay the repair cost because it is difficult for A to receive the repair cost due to its lack of re-performance. Accordingly, Defendant E, its employees, M, Defendant B, Defendant C, and Defendant D, etc., were to receive the repair cost by reporting on their replacement.

1. Around August 19, 2017, Defendant B and E, along with M, demanded that Defendant B “a person who is not a party of the foregoing traffic accident shall be deemed to have driven the vehicle and the insurance processing shall be changed.” Accordingly, Defendant B instructed Defendant B to “A, as if he/she had caused an accident, drive the vehicle on his/her behalf,” and accordingly, Defendant B instructed the police station to “A to make a false statement as if he/she had caused an accident.”

C On August 19, 2017, around October 10:21, 2017, in accordance with Defendant B’s order, at the office of the vehicle accident investigation team office of the Seocheon-gu, Seocheon-gu Police Station located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, without a driver’s license, made a false statement as if the police officer of the pertinent police station who investigated the accident was killed while driving the said van while being aware that A had caused a traffic accident while driving a motor vehicle without a driver’s license.

As a result, the Defendants conspired with M to force C to escape a person who commits a crime corresponding to a fine or heavier punishment.

2. Defendant C’s fact at the office of the Safety Investigation Team of the Yananananananbuk-gu Police Station located in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si on August 19, 2017, without A’s driver’s license.

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