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(영문) 부산지방법원 2020.01.08 2019고단5053
보험사기방지특별법위반
Text

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

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

Reasons

Punishment of the crime

On September 3, 2016, the Defendant conspireds with B, C, D, and E to acquire insurance proceeds by intentionally causing an insurance accident, and the Defendant driven FW vehicle with B, C, and D on the roads near the Dong-dong Dong-dong, Suwon-gu, Busan on or around September 3, 2016, and E was faced with some parts of the back part of the said BMW vehicle with G A-purged vehicle.

Nevertheless, the Defendant pretended to have caused a traffic accident by negligence, applied for the payment of insurance proceeds to the victim H and the victim I around September 8, 2016, and the Defendant received 471,960 won under the pretext of agreement, around October 27, 2016, the sum of KRW 1,900,000 under the pretext of repair expenses, KRW 3,71,960 under the pretext of repair expenses, KRW 3,771,960 under the pretext of consent, KRW 1,40,000 under the pretext of agreement around September 8, 2016, KRW 1,400,000 under the pretext of agreement, KRW 453,850 under the pretext of treatment expenses around October 27, 2016, KRW 1,853,850 under the pretext of the victim’s insurance fraud, KRW 1,04,09,079,000 under the pretext of agreement around September 8, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of suspect examination of the police against the defendant, E, D, B, or C, and copies thereof;

1. Resumes of the payment of insurance proceeds;

1. Court rulings;

1. Application of Acts and subordinate statutes on details of payment of accident insurance proceeds and payment specifications;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution has the record of six criminal dispositions against the defendant, and so-called insurance fraud crimes, such as this case, are not only detrimental to the financial soundness of automobile insurance, but also not only to the crime that may cause human injury as a result of the case.

(b).

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