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(영문) 대구지방법원 김천지원 2020.01.30 2019고정306
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B are married couples.

B On June 24, 2019, around 16:46, 2019, at the 200m section from the day before the D cafeteria located in Seoul Special Metropolitan City, Nowon-gu to the E preceding road, F C was driven with a blood alcohol concentration of 0.215% from the 200m section to the E preceding road, while driving a freight vehicle, the F C was driven with a driver after the left-hand part of HSP car owned by G.

Nevertheless, the defendant, at around 17:06 on the same day, is driving the cargo vehicle even if he/she is driving to an employee in the name of the victim I company, who is an insurance company for cargo vehicles.

As above, a false report was made as if the traffic accident was paid.

Around June 27, 2019, the Defendant deceptioned the victim company and caused the victim company to pay KRW 562,00,000 for the repair cost, KRW 74,00 for the repair cost to K, and KRW 277,00 for the car rental fee to K, respectively.

Accordingly, the Defendant had G acquire insurance money equivalent to KRW 1,583,00 in total by insurance fraud act.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written statement in B and G;

1. A report on the occurrence of a traffic accident, a report on the circumstantial situation of a driver of a driving school, a report on internal affairs, field photographs, a survey report on actual condition, and a CCTV-feass photograph for crime

1. Application of Acts and subordinate statutes to the comprehensive motor vehicle insurance policyholder, verification of the fact of the motor vehicle insurance accident, the motor vehicle insurance premium receipt letter, the motor vehicle insurance contract inquiry statement, the motor vehicle insurance premium payment statement, each insurance repair cost claim, each vehicle rental and PEC, the statement of transaction, copies of passbook, and the marriage certificate;

1. Article 8 of the relevant Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Fines;

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

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

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