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

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

Punishment of the crime

around 22:00 on April 14, 2018, the Defendant caused a single accident due to negligence while driving the B-wing high 3 vehicle in the name of the Defendant within the “Yung-dong “Sung-dong’s Underground Road”.

On April 15, 2018, the following day after the accident occurred, the Defendant: (a) solicited C to buy insurance fraud by putting phone to C in the site of the accident for the purpose of receiving money from C even though there is no passenger; and (b) received false accident from C Co., Ltd. on April 15, 2018.

Accordingly, on May 2, 2018, in collusion with C, the Defendant acquired insurance proceeds of KRW 844,750 from the victim under the pretext of agreed money and medical expenses.

The indictment provides that "acquisition pecuniary advantage" is "acquisition of insurance proceeds," but the elements of the crime of violation of the Special Act on Insurance Fraud Prevention are "acquisition of insurance proceeds," and this part of the indictment does not seem to hinder the defendant's exercise of his/her right to defense, so it shall be corrected ex officio.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. The police statement of E;

1. Application of Acts and subordinate statutes on request for investigation cooperation;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, 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;