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(영문) 서울북부지방법원 2020.02.19 2019고단5150
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant intentionally caused an accident to a vehicle driving on a crosswalk without reporting a traffic accident to the police, using the concern about criminal punishment when the driver of a vehicle inflicts an injury by causing a traffic accident involving pedestrians on the crosswalk, and had the driver take the mind that the vehicle is guilty of the occurrence of the traffic accident, and had the driver receive the accident from the insurance company and receive the insurance money.

On June 10, 2019, the Defendant: (a) around 14:30, 14:30, at the later crosswalk of the B Apartment in Chungcheongnam-si, Yangyang-si; (b) the Dostuna car driven by the marin C is straight from the e apartment to the F apartment; and (c) the Defendant is driving on the above crosswalk; (d) the said car is going into operation as if there were traffic accidents, such as making it possible for C to take the left side of the said car after coming to the left side of the said car; and (e) having C receive the report of traffic accident to the insurance company; and (e) having C receive the report of traffic accident to the victim G.

As a result, the Defendant attempted to take money from the victim company of the above C, 261,950 won and the money in the name of the agreed money, but the above C did not bring about an error in the fact that it reported the instant case to the police, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to C, H, and I;

1. A statement or a copy of a traffic accident;

1. A document evidencing the occurrence of a traffic accident, a copy of the report on the occurrence of the traffic accident, a report on internal accidents (Attachment to the matters received in the G accident), a comprehensive automobile insurance policy, and a medical

1. An analysis of each traffic accident;

1. Application of CCTV images, CD-related Acts and subordinate statutes;

1. Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud under the relevant Act on Criminal Facts;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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