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(영문) 부산지방법원 2020.02.06 2019고단5037
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2018, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of confinement, etc. at the Busan District Court, and the judgment became final and conclusive on January 31, 2019.

【Criminal Facts】

On June 13, 2017, the Defendant conspireds with B, C, D to acquire insurance proceeds by intentionally causing a traffic accident, and the Defendant was faced with part of the HSS3 vehicle of G driving by driving a F-Apurt vehicle on the road near the apartment site near Busanbuk-gu, Busan, with B, C, and D.

Nevertheless, the Defendant pretended to have caused a traffic accident by negligence, and applied for the payment of insurance proceeds to the victim I. From June 15, 2017 to June 22, 2018, the Defendant acquired insurance proceeds of KRW 8,690,370 in total from the victim I as stipulated in the attached Table 1." From June 15, 2017 to June 22, 2018, and acquired insurance proceeds of KRW 29,288,250 in total from around that time to June 22, 2018 as stated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect examination protocol against J, K, L, C, D, M, or N, or a copy thereof;

1. Statement of the police statement concerning theO;

1. A list of payment of insurance proceeds;

1. Previouss before and after judgments: Criminal records, references to criminal records, amounts of previous dispositions and results of confirmation, and application of Acts and subordinate statutes of four copies of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are against the defendant, the victim I Co., Ltd. and the defendant agreed to the sole extent with the defendant. The payment of KRW 6,446,381 to P Co., Ltd. and KRW 2,034,160 is made to Q Q Co., Ltd., respectively, and equity with the case of judgment concurrently with the crime of previous conviction in the judgment, and equity with the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and other circumstances after the crime.

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