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(영문) 부산지방법원 2019.11.28 2018고단5450
보험사기방지특별법위반
Text

The defendant shall be punished by imprisonment with prison labor for not less than four months and the remainder of each judgment.

Reasons

Punishment of the crime

[Criminal Power] On December 21, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a crime of attempted special larceny at the Busan District Court’s Dong Branch, and the judgment became final and conclusive on December 29, 2016.

【Criminal Facts】

After intentionally inducing a traffic accident in collusion with B, C, D, etc., the Defendant conspiredd to receive an accident from an insurance company and receive insurance proceeds by pretending to cause a traffic accident due to negligence.

On April 8, 2016, the Defendant driven a F K7 car on the front of the building in Suwon-gu, Busan, on the road, and the B, C, and D was traveling along the said car, while the Defendant was driving on the said car, the Defendant: (a) discovered and intentionally received the Hsle-to-om car of G driving that was changing the lane; (b) required the Defendant to report the receipt of the accident to the victim I corporation with the purport that the accident occurred; and (c) was damaged by the traffic accident, and (d) received a total of KRW 9,320,450 from the said victim for the purpose of medical expenses, etc.

In addition, the Defendant, in collusion with B, C, D, etc., received insurance money equivalent to KRW 47,733,120 from the victim insurance company in total seven times from around that time to November 30, 2017, such as the list of crimes in the attached Form.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police officer's interrogation protocol on J, K, B, L, M, N,O, P, Q, and R;

1. Copy of the statement of C;

1. Documents related to the payment of insurance money;

1. Investigation report (to attach data on the information on insurance contingency information system of the Agency);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

2. The serial number No. 1 of the list of crimes in the annexed Form No. 37 and the annexed Form No. 39(1) of the Criminal Act dealing with concurrent crimes.

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