A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 7, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Seoul Northern District Court on December 7, 2017, and the judgment became final and conclusive on December 15, 2017.

1. Around 00:20 on July 31, 2018, the Defendant: (a) driven a motor vehicle from the Gangseo-gu Seoul Metropolitan Government B Apartment to the front side of the “acquisition school”; (b) even though the validity of the driver’s license was suspended at the section of about 37 km from the 37km to the “acquisition school” in both documents in Gyeyang-gun. (c) On the grounds that the Defendant violated the Special Act on Insurance Fraud Prevention was driving the motor vehicle, despite the suspension of the validity of the driver’s license as stated in paragraph (1), the Defendant was aware of the fact that the said motor vehicle was driven while driving the motor vehicle, while driving the motor vehicle on the front side of the “acquisition school” in both documents of Yangyang-gun-gun, at around 00:20 on July 31, 2018, the Defendant knew that it constitutes an exemption from the payment of the insurance money, and attempted to receive the insurance accident as if D and D were driving.

D On August 1, 2018, 2018, the victim E Co., Ltd. received an accident and caused a traffic accident while driving a motor vehicle. However, as seen above, the defendant was driving a motor vehicle while the driver's license was suspended.

On August 20, 2018, the Defendant received 18,130,000 won as insurance money from the victim.

Accordingly, the defendant, in collusion with D, acquired insurance money by deceiving the victim about the contents of the insurance accident.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the receipt of accidents, contract letters, and payment status of insurance proceeds;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a sentence, Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and imprisonment with prison labor;