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(영문) 서울중앙지방법원 2018.06.05 2018고정1052
보험사기방지특별법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

The Defendants and D attempted to obtain insurance money by demanding the receipt of the insurance as if the accident occurred due to the fault of the other vehicle driver after intentionally paying the traffic accident against the vehicle changing the vehicle vehicle. Despite the absence of the necessity of hospital treatment as the accident itself is insignificant, the Defendants and D attempted to obtain the insurance money by demanding the corresponding agreement money.

At around 17:50 on October 19, 2016, the Defendants and D, according to the above mother, entered Defendant B, and the same C, and the above D, into a new car located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and caused a traffic accident that conflicts with the Cub car by directly driving the said vehicle, even though they could sufficiently avoid any defect that Defendant B, and C, and D, while driving in accordance with the active duty-free area, could bring about a conflict between the Cub car and the vehicle in question, while driving the vehicle in the G which F is driven by the F, while entering the active duty-free area, and even though the said accident was minor, there was no need for hospitalized treatment due to the minor accident, the Defendants and D was hospitalized in the official in charge of the Cub damage insurance company on October 20, 2016.

As a result, the Defendants and the said D conspired to receive the total amount of KRW 6,464,330 from the victim company under the pretext of mutual agreement, treatment expenses, repair expenses, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Response to a request for appraisal;

1. Application of each investigation report (including attachment cases of H outside and treatment set, contents of H and president I telephone conversations, indictment of the facts constituting the principal offense of H and confirmation of the first instance judgment) and statutes

1. Defendants: Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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