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(영문) 춘천지방법원 원주지원 2021.01.29 2020고단465
보험사기방지특별법위반
Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, since February 2019, when the economic situation has deteriorated to the extent that the installment payments for the vehicle of the principal were not possible, the defendant B, who was the place between around 22:30 on August 25, 2019 and around 23:00, proposed that "it was caused by an intentional accident, which was different from that of the accident, and received a mutual agreement from the insurance company," and the defendant B accepted it.

Accordingly, around 01:36 August 26, 2019, Defendant A driven a car with C physical height, and Defendant B intentionally received an accident prevention room installed in front of the exit on the front side of the vehicle located on the front side of the vehicle at the Won-si, while advertising the accident site after boarding the front seat of the said vehicle.

Since then, the Defendants received the accident from the victim D Co., Ltd. and claimed the insurance money, and Defendant B received the total amount of KRW 22,50,000 from the victim to October 17, 2019, including KRW 1,456,820, and the total amount of KRW 3,956,820, and the total amount of KRW 1,456,820 from the victim. Defendant A received from the victim the amount of KRW 21,503,00 from September 10, 2019 to November 8, 2019, the total amount of KRW 22,053,080, including the total amount of KRW 550,00 and KRW 550,080 from the victim.

As a result, the Defendants conspired to commit an insurance fraud, thereby acquiring total of KRW 26,009,90 from the victim D Co., Ltd.

Summary of Evidence

1. The Defendants’ protocol of police statement E

1. Application of statutes, such as the current status of payment of insurance proceeds;

1. The Defendants: Article 8 of the Special Act on the Prevention of Insurance Fraud and Article 30 of the Criminal Act;

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. Defendant A [Disadvantageous circumstances] obtained insurance proceeds by intentionally paying a traffic accident, and such fraud is an interview with the applicable law and the crime is bad.

These crimes cause economic loss not only to victim insurance companies but also to good insurance subscribers.

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