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(영문) 서울서부지방법원 2019.02.11 2018고단1888
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for four 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

In the case of minor traffic accidents, the defendant was willing to cause an accident by intentionally using the circumstance that the driver of the accident is easily engaged in insurance management as he/she receives insurance without conducting an accident inspection which is complicated by an insurance company, and to acquire the agreed money.

On September 6, 2017, at around 20:45, the Defendant: (a) on the backway of Eunpyeong-gu Seoul Metropolitan Government, the front house is located in the front road; (b) on the backway, the Defendant: (c) on the kniff vehicle run in the front side of the number francing off, and (d) on the kniff vehicle run in the front side of the C (V, 56 years old) driving, without avoiding this, accessed the Defendant’s vehicle, and caused a traffic accident by intentionally pushing the Defendant’s left side on the back side of the right side of the said vehicle; and (d) hospitalized in the Eknife division, and ordered C to receive insurance from the victim F Co., Ltd.

The Defendant, by deceiving the victim in the above manner, received a total of KRW 1,750,00 from the victim for the purpose of agreement money, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some statements concerning the suspect examination protocol of the defendant;

1. In full view of the following facts: (a) the front vehicle prior to the accident chart and the accident video CD was anticipated to stop and stopped near the above vehicle; (b) the Defendant stopped on the ground while stopping the vehicle; and (c) if the vehicle was in contact with the left-hand side while stopping the vehicle, it appears that the above vehicle left the left-hand side, and the Defendant’s left-hand side would not take place the vehicle; (d) however, it appears that the left-hand side of the vehicle was moving back to the right-hand side on the left-hand side; and (e) there are several times the volume of the Defendant received the insurance money after receiving the insurance money by stopping the vehicle in the front-hand side.

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