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(영문) 창원지방법원 거창지원 2018.08.08 2018고단141
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant lent his automobile insurance with the automobile insurance under a special contract for “one person’s name limit,” to be used by his/her father, his/her father, his/her husband, but as a result, C was engaged in driving at around 03:0 on January 26, 2018 and caused a traffic accident that falls into the number of automobiles, the Defendant conspired with C to obtain the automobile insurance money equivalent to the automobile repair cost by changing the driver as if the traffic accident occurred while driving the automobile and claiming the automobile insurance money.

On January 26, 2018, at around 16:15, 2018, the Defendant received an accident from a staff member of the victim DB non-life insurance company, who was an insurance company, in accordance with the above public offering, that he/she fell into a waterway while driving the franchise.

1. On February 27, 200, an employee of the victim DB non-life insurance company, who conducted an on-site investigation, tried to acquire insurance proceeds by insurance fraud by claiming automobile insurance proceeds equivalent to KRW 25,586,000 for the cost of repairing automobiles, but was so attempted by requesting investigation to an investigation agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. A document prepared in E, a criminal defendant, and a report on each accident described in C;

1. A claim for accident investigation, payment of insurance proceeds, and insurance proceeds, and a claim for repair expenses;

1. A medical records, towing confirmation, and EDR analysis report;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 10 and Article 8 of the Act on the Prevention of Fraud of Insurance Policies, Articles 30 of the Criminal Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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