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(영문) 서울중앙지방법원 2018.05.17 2018고정451
보험사기방지특별법위반
Text

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

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

Reasons

Punishment of the crime

On September 25, 2017, the Defendant: (a) around 17:20 on September 25, 2017, the Defendant: (b) sought to start driving of an illegal parking vehicle E in Gangnam-gu Seoul, which is a public official affiliated with C parking management and affiliated contracting office; and (c) sought to stop the vehicle on the side of the vehicle driving seat in the above tashing vehicle and make a claim against the above D to the fine for negligence on parking regulation; (d) he gets off the vehicle on the front side of the above tashing vehicle, and gets off the vehicle on the front side of the above 1,100,000 won, and then, (e) requested the above D to change the insurance processing as if it was an actual traffic accident, and (e) requested D to receive the accident from G; and (e) thereafter, he received the financial benefits from the employee in charge of the company’s compensation from the said D to receive the accident under the agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Application of video CD-related Acts and subordinate statutes;

1. Article 8 of the Act applicable to facts constituting a crime, Article 8 of the Special Act on the Prevention of Fraud of Insurance, and Selection of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant was subject to an accident involving injury by shocking the D’s vehicle (hereinafter “instant vehicle”).

The argument is asserted.

The following circumstances revealed in the record, namely, the instant vehicle was in progress at a very slow speed, and the Defendant applied for the appearance of the said vehicle in front of the instant vehicle that had already been driven, and thus, the Defendant saw the vehicle “mar” before the said vehicle comes into contact with the Defendant’s body, and used it as a watch unit of the said vehicle. Even if there was contact between the Defendant and the instant vehicle, as alleged by the Defendant, as claimed by the Defendant.

Even if the defendant asserts, his part is the same as that of the defendant.

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