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(영문) 전주지방법원 2018.10.31 2018고정413
보험사기방지특별법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants, with C (in April 18, 2018, sentenced one year to imprisonment with labor for a violation of the Special Act on the Prevention of Insurance Fraud at the Jeonju District Court, which was sentenced by the former District Court on April 18, 2018, committed a crime of violation of the Special Act on the Prevention of Insurance Fraud, among the several types of prisons in the former State, the investigation is under charge of violation of the Special Act on the Prevention of Insurance Fraud), used the circumstance where insurance proceeds are paid only by a simple investigation, such as telephone conversations with the perpetrator and the victim without the on-site verification of the employees of the insurance company, without the on-site verification of a traffic accident.

Accordingly, C calls for an automobile insurance company to which the damaged vehicle was subscribed as if it were a driver of a sea-going vehicle, and claims insurance money as if there were traffic accidents with the Defendants. The Defendants had a traffic accident on the part of the automobile insurance company to which the damaged vehicle was admitted.

In a way of confirmation, the insurance company deceivings the Defendants and solicits them to divide the insurance money paid to the Defendants.

C On July 25, 2017, as discussed above, received a traffic accident stating that “B is E, and around 10:00 on July 25, 2017, G rocketing car driven in the front place of the F apartment signal, etc., Guro-gu Seoul Metropolitan Government, is driven by Defendant A, and Defendant B is driven by Defendant B, and Defendant B is accompanied by H car.”

After the receipt of the C’s accident, the Defendants: (a) made the phone call from the damaged person; and (b) made the said accident to the injured person although there was no traffic accident.

In a way of responding to the victim, the victim is deceiving, and the victim is given a total of KRW 2,208,650 as compensation for personal agreement, etc. from the victim, and from that time to August 9, 2017, the victim is in total as shown in Annex 3 of the List of Crimes.

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