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(영문) 서울중앙지방법원 2017.09.11 2017고정2597
보험사기방지특별법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a low-pollution vehicle.

On June 19, 2017, the Defendant: (a) was parked at the bus stops located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) the call center staff of the victim malicious Non-Life Insurance Co., Ltd., Ltd., by telephone to C by telephone; and (c) the Defendant was parked at the bus stops located in Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government DD Building) around 22:00 on June 16, 2017.

E Re-employed car driving seats, fences, wheelchairss, and front panscules were shocked.

"To receive an accident" and to claim the payment of insurance proceeds for damages.

However, a person who drives the vehicle above at the time of the occurrence of an accident is not the defendant but the defendant's female-friendly job placement F, so there was no entitlement to claim the payment of insurance money for the above-mentioned vehicle covered by a fixed special agreement with the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) attempted to receive approximately KRW 34 million under the name of the repair cost of the vehicle by re-findinging the said victim from the victim; (c) but, after cancelling the receipt of an accident around June 22, 2017, was committed by submitting a written waiver of the claim for insurance proceeds to the victim on June 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of H’s written Acts and subordinate statutes;

1. Article 10 and Article 8 of the relevant Act on Criminal Facts and the Special Act on the Prevention of Fraud of Insurance in the Selection of Punishment, and Selection of Fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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